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1823. Novr. 21 Decr 4
Constitutional Code or Procedure
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§. 3. No person is excluded from testification §. 3. Exclusion, none: exemption none: all parties are witnesses.
§. 3. No witness is excluded, none exempted.
Art. 1. For securing vendicity, the of interrogation
Art. 1. As a security for vendicity, exclusion of testimony in conjunction with backed by the punishment appointed for witnesses
is not employed in this code. By situation under is the only instrument employable: interrogation, employed
the quantity of interest be ascertained the of it by every person individual, who by any interest in whatever
influence on the mind. shape as proper have have been prompted to employ it.
Art. 6 2. Art. 6. For securing vendicity no such purpose is exclusion put upon
testimony is not employable under this Code. No party person is
either excluded or exempted from testifying as a witness,
and on both sides of the suit, for himself as well as against himself, every
party is or may be
received to hear testimony
on the same footing
as any other witness.
By external situation neither can the quantity of interest
be ascertained, nor the force with which it operates upon
the mind of the individual concerned. In all Codes in
which under the notion of guarding against deception
exclusion put upon the testimony of an individual so and
so situated has been employed, absurdity and inconsistency
in the grossest form is everywhere all along visible.
Art. 6. For no such cause as that of supposed security
against deception – for no such cause as that of hardship
to any person in respect of facts disclosed, is any person
to be excluded, either from the faculty or from the obligation of
delivering judicial testimony for any purpose of judicature
for no such cause as either of the above is any already written
portion of discourse to be witholden from being produced
to be employed as evidence. On both sides of the suit, for himself as
well as against himself every a party is receivable and compellable
to bear witness as above, in the same way as any other person who
has no whatsoever interest in the suit: so likewise every substitute or assistant non-professional
or professional, every assistant, non-professional or professional,
of a party.
Art. 7. For exclusion of preponderant inconvenience
in the shape of delay, vexation and expence, comparison had with
the danger or certainty of loss of suit on the part of a party who is
in the right, testimony of any person in any shape may be excluded.
To the balance form the comparison and decide will in each individual
case belong to the prudence
of diligence and
prudence of the Judge.
Understand by vexation,
not vexation by reason
of attendance, not by
reason of disclosure.
In regard to Vexation by disclosure
of sexual intercourse
or with a view
to sexual intercourse,
fraud of and or and violence
being out of the question,⊞
⊞ it will be the care of the Judge
not to suffer to be considered by
the a suit, having for its object
not the proof that object real object the production
but the production of the of it, while a different
vexation retouched object is the only object
disclosure professed.
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Identifier: | JB/055/137/001"JB/" can not be assigned to a declared number type with value 55. |
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Constitutional Code or Procedure |
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