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<head>1825 May 14<lb/>Procedure Code</head> <!-- some in pencil --> <p><note>Notes<lb/><sic>Ch.</sic> IX<lb/><sic>Ch.<sic> VIII<lb/>§. Demand paper<lb/><sic>Ch.<sic> IX Judges options as to<lb/>course</note></p> <p> | <head>1825 May 14<lb/>Procedure Code</head> <!-- some in pencil --> <p><note>Notes<lb/><sic>Ch.</sic> IX<lb/><sic>Ch.</sic> VIII<lb/>§. Demand paper<lb/><sic>Ch.</sic> IX Judges options as to<lb/>course</note></p> <p><add>Course for witness accersition by the <sic>Def<hi rend="underline">t.</hi></sic>?<lb/>1. Evidence <unclear>Indicative</unclear> only case penal or non penal<lb/>2. <sic>Deft</sic> depends on <sic>def<hi rend="superscript">t</hi></sic> for his evidence — Evidence <hi rend="underline">reserved</hi></add></p> <p>Case 1. Party interested, <del>having</del> <add>though he has</add> a <add>right on his</add> good title, as yet unknown<lb/>Case 1. penal 2. non-penal. Body found recently killed, death<lb/>not known whether purposed or accidental. So things found in<lb/>a state of deterioration — cause as yet unknown.</p><p>Appropriate evidence <add>of the act or the criminal agent</add> means <del>can be</del> as yet <del>unknown</del> known.<lb/>Remains to be discovered by means of inductive evidence immediate<lb/>or with any number of intermediate supposed <unclear>narrative</unclear><lb/>witnesses</p> <p>2. Case non penal. A. has heard B say that C has<lb/>in possession a deed which would prove D. to have a good<lb/>title to an Estate which E. possesses.</p><p>Case in which the Pursuer being declared and having<lb/>right on his side has need to meet the proposed Defendant<lb/>before the Judge without having adduced evidence or so much<lb/>as indicated the source of his evidence.</p> <p>Thus in the case wherein the evidence is to come<lb/>principally or exclusively <add>or principally</add> from the Defendant himself: it<lb/>being either <add>his</add> self-<unclear>disclosing</unclear> testimony or documentary evidence<lb/>written or real in his possession.</p><p>To provide for this case the Pursuer in his demand paper<lb/>ought to have the option of <del>stating</del> <add>writing</add> under title Evidence — the<lb/>words Evidence reserved.</p> <p><foreign>Quere</foreign> should the Judge have the option of issuing to<lb/>the proposed Defendant an Attendance requiring Mandate <del>without<lb/>stating</del> omitting <add>any and which of</add> the several heads? If so it will be far from<lb/><del>of <gap/> after</del> furnishing mendacity assisting information.</p> <p>If he has any such option it should be on condition<lb/>of it being good countersecurity for eventual satisfaction or<lb/> | ||
prevention.</p> | prevention.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} | ||
1825 May 14
Procedure Code
Notes
Ch. IX
Ch. VIII
§. Demand paper
Ch. IX Judges options as to
course
Course for witness accersition by the Deft.?
1. Evidence Indicative only case penal or non penal
2. Deft depends on deft for his evidence — Evidence reserved
Case 1. Party interested, having though he has a right on his good title, as yet unknown
Case 1. penal 2. non-penal. Body found recently killed, death
not known whether purposed or accidental. So things found in
a state of deterioration — cause as yet unknown.
Appropriate evidence of the act or the criminal agent means can be as yet unknown known.
Remains to be discovered by means of inductive evidence immediate
or with any number of intermediate supposed narrative
witnesses
2. Case non penal. A. has heard B say that C has
in possession a deed which would prove D. to have a good
title to an Estate which E. possesses.
Case in which the Pursuer being declared and having
right on his side has need to meet the proposed Defendant
before the Judge without having adduced evidence or so much
as indicated the source of his evidence.
Thus in the case wherein the evidence is to come
principally or exclusively or principally from the Defendant himself: it
being either his self-disclosing testimony or documentary evidence
written or real in his possession.
To provide for this case the Pursuer in his demand paper
ought to have the option of stating writing under title Evidence — the
words Evidence reserved.
Quere should the Judge have the option of issuing to
the proposed Defendant an Attendance requiring Mandate without
stating omitting any and which of the several heads? If so it will be far from
of after furnishing mendacity assisting information.
If he has any such option it should be on condition
of it being good countersecurity for eventual satisfaction or
prevention.
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Identifier: | JB/055/198/001"JB/" can not be assigned to a declared number type with value 55. |
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1825-05-14 |
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055 |
Procedure Code |
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198 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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17919 |
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