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<head>1827 May 30<lb/>Procedure Code</head> <p>2<lb/><note>I<lb/><sic>Ch.</sic> Forms</note><lb/>(2 <note>§. Law-Assistants Admission<lb/>paper and Code</note></p> <p><sic>Art.</sic> 3 when the party litigant — Pursuer or Defendant<lb/>on whose behalf the Law Assistant officiates is not present in the<lb/>Judicatory, the Law Assistant is his Proxy: when both are<lb/>therein present <add>his Co Assistant his Assistant in pursuance or</add> his title is <del><gap/></del> simply his assistant.</p> <p><sic>Art.</sic> 4 <add>Under the same <gap/></add> Exceptions excepted the Law Assistant is<lb/>under the same obligation of making answer to <add>all</add> such <del>p</del><lb/>relevant questions as shall have been put to him by, or by<lb/>permission of the Judge.</p> <p><sic>Art.</sic> 5. No obligation <del>of</del> to maintain secrecy<lb/>by refusal of answer to, or <del><gap/></del> evasive answer to any such<lb/>question as asked: on the contrary the exaction of any promise<lb/>to that effect is an offence: it is among the number<lb/>of <add><gap/></add> offences committed by the endeavour to produce <gap/><lb/>in matters of law.</p> <p><sic>Ratiocinative</sic></p> <p><sic>Art.</sic> 6. To authorise <add>allow on the part of</add> a Law Assistant <del>t</del> any<lb/>such refusal or evasion would be <add>in the case of a Professional Law Assistant</add> to authorize a dishonest<lb/>man to have an <del>assistant</del> accomplice in delinquency, and the<lb/>Assistant to obtain a <gap/> profit by acting as such.</p> <p><sic>Art.</sic> 7. <add>As</add> By <del>so</del> <gap/> in that or any other<lb/>shape on the part of the party a presumption more or less<lb/>Strong will in general <add>generally speaking<a/add> <del><gap/></del> being afforded of his being in the<lb/>wrong on the occasion of the suit, so will <del>the <gap/> of</del><lb/>in relation to matters in which the result of the suit depends<lb/>will insincerity on the part of his Law Assistant. For this<lb/><gap/> last the presumption will not indeed <add>of itself</add> be quite so strong<lb/>as in the other. But of hearing <add>whispering</add> what appears to be insincerity on<lb/>his behalf on the part of the <gap/> the principal <gap/> it <gap/>:<lb/>he thereby participates in it and becomes an accomplice<lb/>in the commission of it.</p> | |||
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1827 May 30
Procedure Code
2
I
Ch. Forms
(2 §. Law-Assistants Admission
paper and Code
Art. 3 when the party litigant — Pursuer or Defendant
on whose behalf the Law Assistant officiates is not present in the
Judicatory, the Law Assistant is his Proxy: when both are
therein present his Co Assistant his Assistant in pursuance or his title is simply his assistant.
Art. 4 Under the same Exceptions excepted the Law Assistant is
under the same obligation of making answer to all such p
relevant questions as shall have been put to him by, or by
permission of the Judge.
Art. 5. No obligation of to maintain secrecy
by refusal of answer to, or evasive answer to any such
question as asked: on the contrary the exaction of any promise
to that effect is an offence: it is among the number
of offences committed by the endeavour to produce
in matters of law.
Ratiocinative
Art. 6. To authorise allow on the part of a Law Assistant t any
such refusal or evasion would be in the case of a Professional Law Assistant to authorize a dishonest
man to have an assistant accomplice in delinquency, and the
Assistant to obtain a profit by acting as such.
Art. 7. As By so in that or any other
shape on the part of the party a presumption more or less
Strong will in general generally speaking<a/add> being afforded of his being in the
wrong on the occasion of the suit, so will the of
in relation to matters in which the result of the suit depends
will insincerity on the part of his Law Assistant. For this
last the presumption will not indeed <add>of itself be quite so strong
as in the other. But of hearing whispering what appears to be insincerity on
his behalf on the part of the the principal it :
he thereby participates in it and becomes an accomplice
in the commission of it.
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