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1827. Octr.
Law Amendment Constitutional Code
Ch. Propositions
§. Procedures
Sole proper course
Addenda
5
5 Assurance that no precipitation
would shorten
the time of sitting
4. The assurance that by no precipitation on his part would any time
be saved by him: his days and hours of sitting on the Judgement seat
being fixt whether applicant did or did not present
6 Power of eliciting all
opposite evidence
5. Power to effect the elicitation of whatsoever evidence presented itself
to him as apposite: the elicitation being performed either in the ordinary
way by oral examination by and before himself, or in the epistolary mode by
means of approved by him, or if the residence of the witness examinee was in
a distant judicial territory, by the Judge of that in conformity
to a request transmitted for that purpose.
7
Assurance that expence
would not be impediment
to the exposing any misconduct
6. The assurance that no impediment could will/can be opposed by exposure
to the the carrying on of such proceedings as by means of
or on his part, the existence of it would be made known
and any bad effect designed to be produced by it prevented.
Additional provisions
1 Communication ensuring
Each party on first appearance
to leave the name of a house
where communications
would reach him
Provisions that may require to be added are
1. Provision for securing communication with the several parties
and witnesses for the purpose of the said to which progress continuance of it
This will be effected by engaging each individual on his first
appearance before the Judge whether as party or witness to a name a house at which
all missives addressed to him by authority of the Judicature may be
sure to find their way into his hands through the medium of
<the Letter post: the f operation of the functions of that establishment
being adapted to that purpose.
By this means the <gap/. to which the present plan
gives rise in such abundance on the subject of notice, all
the attendant delay vexation and expence would be done away.
2 Provision for provisional
sequestration in case of
need of defendants person
and property
Provision for the sequestration in case of need not
only of the person of a Defendant as at present but of his property
in every shape in so far as necessary to prevent evasion and
thereby to a loss: the plaintiff in this case
security in such shape as shall be deemed adequate<lb>for compensation or punishment in case the hardship and consequent loss so
in the defendant should be found groundless or needless.
The like security to a defendant against evasion on the
part of the plaintiff for the purpose of evidence compensation with or without
punishment for the damage produced by a groundless suit whether accompanied with criminal
consciousness of wrong or through culpable inattention
[+] the answer to the
interrogations being delivered
under the assurance that
upon adequate occasion
oral interrogation would
<be employed for the purpose
of proving confirming the
correctness of
of disposing it and correcting
it of
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Identifier: | JB/056/182/001"JB/" can not be assigned to a declared number type with value 56. |
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BROCKLESBY & MORBEY 1827 |
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Edmund Henry Barker |
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1827 |
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18238 |
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