JB/055/169/001

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1825 May June 29
Procedure CodeCh. Evidence
§. Interrog. Episty. how

Art. 5. In most cases individually considered
but a small portion of the record of any will perhaps be found
of a nature to contribute in any way to invest the
testimony with the desire qualities desirable in it, as
above. But forasmuch as on any the occasion of an
all-embracing regulation on this subject it is not possible
to foresee how in what proportion the number in
question may be on the several several individual occasions
conducive to the desirable purposes, the courses thus taken
taken, to wit the prescribing in the first instance the whole by the to be sent,
and then employing giving to the cases in which it shall not
be sent the form of exceptions to the general rule, seemed
the course best adapted to the purpose.

The idea of discussing with the Judge the propriety
and sufficiency of the interrogatories may be apt to startle
those to whom no other practice than that of concerting them
between Client and Attorney or settling them by the Attorney
and Advocate without the cognizance of the Client is known
by experience. But what is here proposed is nothing more
than the doing as far as the nature of the case allows on the
occasion of this intercourse between persons mutually distant
what it does on the occasion of that intercourse which
for the same purpose is carried on between persons mutually
present. The representative of the party puts questions
indeed of his own motion to the extraneous witness but is
only in so far as allowed and exacted by the authority of
the Judge, are any answers given to them. In case of alledged
insufficiency, the answer must in a charge to that effect, come
before the Judge: an so again as often as necessary: and less of his time than
may be necessary for repairing the defect, may naturally be sufficient for obviating and preventing it.

Identifier: | JB/055/169/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1825-06-29	Marginal Summary Numbering
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	169	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	E2
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17890
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