JB/055/242/001

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1825. Feby. 10
Procedure Code

Exceptions, . 2. expatriation 3. Deter from other causes.
3. defendants needed and likely to

Rule 2. Exceptions excepted, hear all cointerestees
on the Pursuers side, before you authorise application to persons any person
in the character of extraneous witnesses at the existence of any
party on the Pursuer's side.

Reason. Because by so doing it may
happen that no one individual who has no interest
in the suit no interest to serve by his attendance, you
subject him to a mass of vexation and expence of vexation
either act on any degree or not in an adequate degree
compensated for, which had the cointerestee been first heard
might have been seen to be needless unnecessary.

Rule 3. As to the requiring the attendance
attendance in the at the instance of the Pursuer's side as extraneous witnesses attendance Cointerestees
on Defendant's or a Defendant's before an extraneous witness
on the Pursuer's side it will be for the Judge to consider
and enquire in which case the vexation and expence would
be least. It may be A case that may and very commonly
has place is that in the character of an extraneous witness,
though he would not voluntarily offer himself to serve gratuitously,
nor the a Pursuer until he saw what might be expected
from the Judge, subject himself to the expence of affording him
a satisfactory compensation, might on receiving such compensation
serve accordingly without reluctance: in which case
the Defendant after being informed of his testimony, might
if unfavorable be and deemed correct thereby induced to save himself from the expence
and vexation of attendance and ulterior defence, or if deemed
incorrect, be prepared to confute discredit it or apply correction to it by counter-evidence.

Identifier: | JB/055/242/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1825-02-10	Marginal Summary Numbering	9-10
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	242	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C4 / E4
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17963
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