JB/055/198/001

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1825 May 14
Procedure Code

Notes
Ch. IX
Ch. VIII
§. Demand paper
Ch. IX Judges options as to
course

Course for witness accersition by the Deft.?
1. Evidence Indicative only case penal or non penal
2. Deft depends on deft for his evidence — Evidence reserved

Case 1. Party interested, having though he has a right on his good title, as yet unknown
Case 1. penal 2. non-penal. Body found recently killed, death
not known whether purposed or accidental. So things found in
a state of deterioration — cause as yet unknown.

Appropriate evidence of the act or the criminal agent means can be as yet unknown known.
Remains to be discovered by means of inductive evidence immediate
or with any number of intermediate supposed narrative
witnesses

2. Case non penal. A. has heard B say that C has
in possession a deed which would prove D. to have a good
title to an Estate which E. possesses.

Case in which the Pursuer being declared and having
right on his side has need to meet the proposed Defendant
before the Judge without having adduced evidence or so much
as indicated the source of his evidence.

Thus in the case wherein the evidence is to come
principally or exclusively or principally from the Defendant himself: it
being either his self-disclosing testimony or documentary evidence
written or real in his possession.

To provide for this case the Pursuer in his demand paper
ought to have the option of stating writing under title Evidence — the
words Evidence reserved.

Quere should the Judge have the option of issuing to
the proposed Defendant an Attendance requiring Mandate without
stating omitting any and which of the several heads? If so it will be far from
of after furnishing mendacity assisting information.

If he has any such option it should be on condition
of it being good countersecurity for eventual satisfaction or
prevention.

Identifier: | JB/055/198/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1825-05-14	Marginal Summary Numbering
Box	055	Main Headings	Procedure Code
Folio number	198	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	17919
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