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 1825. Feby 7 March 20 B +
 Procedure Code.  ? 
11
 Ch. IX Intermediate proceeding
(11 §. Testimony how procurable
Witness procedure
 requiring Mandate
Instructions § Testimony how procurable
 In Mandate — Warning
1
 Art. In every such
Testimony requiring Mandate
 will moreover be inserted
 the warnings following
 1. Warning of the burthensome
 consequence of
 non compliance.
 2. Warning of the burthensome
 consequences of 
 , in its several
 shapes
Art. If the suit be a purely public penal suit
no individual party   pursuer will then be to whom pecuniary loss
from the non-attendance of a proposed witness can ensue.  In
this case to the warning threat  of announcement to eventual burthen
 of compensation the  announcement of eventual punishment
 will be to be substituted
2
 So where defendant has
 applicable property
Art. So where the defendant has no applicable disposable
 property, or is in a state of relative and known insolvency.
3
 But to pursuer evil
 from non attendance
 of witness may be the
 same as in the opposite
 case
Art  But to the pursuer in this case the delay vexation
and expense resulting from non-attendance of the proposed
witness may be the same as in the opposite case and 
 because for the evil in these shapes announcement of the eventual 
 obligation of making compensation will be alike asserted
4
Warning of suspicion
 of delinquency
 Art. Warning on Non attendance, suspicion of delinquency For a  criminal case whether purely 
 public or public-private it may be that while the demand
 for the testimony of a certain individual clearly has
 place it may be matter of uncertainty whether in relation
 to the crime in question he may not be either the sole criminal
 or an accomplice in a cri or codelinquent.  In such case
 there may perhaps be what may happen is that there
 should be Judge may see reason to insist in the Witnesses
 Attendance requiring Mandate an intimation that in
 failure of attendance without valid excuse, he may become
suspected of have been guilty and as such be therefore
constituted Defendant or Codefendant.
| Identifier: | JB/057/215/001"JB/" can not be assigned to a declared number type with value 57. | |||
|---|---|---|---|
| 1825-03-20 | 1-4 | ||
| 057 | procedure code | ||
| 215 | procedure code | ||
| 001 | |||
| text sheet | 1 | ||
| recto | d11 / e11 | ||
| jeremy bentham | |||
| 18545 | |||