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1826. July 20
Procedure Penal Code.
Ch. Inculture Application Liticontestational
S. 3 Judge Agenda consequential
The Prehension maybe
either 1. Addendum or 2. Transductive
to a Co Judicatory
7
Example of need of attendance
of supposed evidence
holder the same as above
Art. Of the need of an Attendance requiring or a
Prehension Mandate at the charge of a supposed Evidence
holder and proposed Evidence furnisher examples are the same as in the case of a proposed
Co Pursuer and the reluctance on both every account account will be more
apt to have place
8
Attendance requiring
or prehension of a proposed
Evidence furnishes choice
to be made by judge on
the comparative vexation
or danger of
decision
Art. The In regard to attendance requiring or
prehension at the charge of a proposed Evidence furnishes the
question question for the consideration of the Judge will be by which of twocourses
the greater detriment would accrue to the interest conjunct<add>aggregate</add> of both parties and
the public: to wit by the vexation attached to the furnishing of the evidence
or by the danger of adversea decision adverse to the interest of the
Applicant pursuer for want of the evidence so desired
9
Vexation to be considered
on supposition of 1
no compensation pecuniary
2 compensation
pecuniary given
Of the vexation attached to the furnishing of the desired
evidence the quantum will be considered on each of two suppositions:
to wit want non-receipt absence of
compensation pecuniary a
quasi-pecuniary, and receipt of each compensation in such
quantity and quality form as the Judge may think reasonable, and
the applicant Pursuer able and willing to allow.
To be considered also
eventual need of transferring
the burthen
from proposed defendant
to the Pursue
Identifier: | JB/052/385/001"JB/" can not be assigned to a declared number type with value 52. |
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1826-07-20 |
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jeremy bentham |
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