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1825. Jany 22
Procedure Code</head>
+ I §.5
Ch. VIII Suit simple
having
amendmts
(1 §. 5 Demand
§.
§§. 5 Pursuer's demand how amendable
§§. Law — allegation amendments. after having adduced Witnesses
1
At any stage
pursuers demand
amendable
<sic.Ar6t.</sic> 1. As in this stage so in any subsequent
one the ground of the demand as stated by the pursuer to
the defendant may at any time be changed and so toties
quoties. At this stage it is producible in the case where at
the time of his application the pursuer adduces and <add>has obtained the examination
of an extraneous witness.</add>
<note>2
Pursuer compensationally
responsible
Art. 2 If the case be such that the pursuer in his situation position<a/dd>
might have foreseen the superiority if applied on the part<lb/.of the second or say amended ground in of the
original ground, he will be compensationally responsible to
the Defendant for any delay vexation or expence disadvantage
produced to him by the change — produced to him
in respect of any of the ends of justice: if not, the burthen
must rest upon the defendant uncompensated.
3
If need of amendment
principle source
variations in witnesses
testimony when
extrajudicially & when
judicially examined
Art. 2. Of amendments of this sort the need has
its <add>principal source in the variation which, with or without evil
consciousness is one temerity may have place and is
continually having place between the any account that
may have been given by a witness to a pursuer extra-judicially
and the account given by the same witness
judicially while under examination.
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jeremy bentham |
j whatman turkey mill 1824 |
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