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1824. Feby. 2
Constitutional Procedure CodeCh. Evidence Rules
§. Source
Art. 11. From a party on the place pursuers side, evidence
is exigible the purely the penal consequence by the contemplation
of which on or non-compliance with
orders or interrogatories evidence is exigible is loss
of suit: denial refusal of the service demanded by the suit.
As in a non-penal suit, so in a publico-private
suit.
Art. 12. From In the case of a party on the Defendants side, silence
to apt questions non production of written evidence or
a source of oral evidence will may in the character of circumstantial
evidence operate in support of whatever
evidence – direct or circumstantial has been adduced on the
pursuers side.
Art. So, non compliance with order for production of
written, or of source of real evidence.
Art. In the case of an extraneous witness, for the exaction of compliance
such will be exacted by such methods will be employed as the Penal
Code prescribes.
Art. In a penal case, if on being interrogated
by an apt question an individual who is examined under examination in the character
of an extraneous witness refuses or wilfully forebears
to answer, he will be to be in that character
subjected to the compulsive process, or be considered
as suspected of the offence being implicated in
the offence in question, and be as such placed in a state
of accusedness and dealt with as a party Defendants
on the Defendant's side.
Art. Whatsoever be the occasion whatsoever the
person, whatsoever the question, he can what will always
be in his power is – to give an answer,
intelligible or unintelligible, and if intelligible, true or false.
In so far as true, the object is fulfilled: in so far as false,
it will expose him to punishment
as for the falshood, with
loss of suit of a party.
Identifier: | JB/055/155/001"JB/" can not be assigned to a declared number type with value 55. |
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1824-02-02 |
11-16 |
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055 |
Constitutional Code; Procedure Code |
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155 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
D4 / E4 |
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17876 |
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