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1825. April 24
Procedure Code
is 1. by substitution 2. by addition
To the efficiency of the check which the oral by
being mode to follow upon the epistolary mode the oral is
capable of applying to incorrectness and incompleatness
it is necessary that the interlocutor should be apprised of
the application that will be or at least eventually may
be made of it. Hence it will be among the cares of the legislator
and the Judge, that of the arrangements made for
purpose, information should on each occasion be conveyed
to the individual at whose hands the response is required.
When the oral contiguous – the oral mode is employed,
the Judge being one of the interlocutors, and he generally
not capable of holding contiguous intercourse with divers
interlocutors in divers distant places at the same time, hence comes
the necessity of a journey on the part of the individual from his
residence to that of the Judge: here then in addition to the delay
comes in proportion to the length of the journey in addition to the delay, vexation and expence.
For this reason it is that notwithstanding the help it
gives is capable of giving to correctness and compleatness, the
addition of the oral to the epistolary examination must be
made not constant certain and necessary, but contingent only, depending
upon circumstances. These circumstances are – 1. on the
one hand the need which in the opinion of the parties interested,
ested after observation made of the result of the epistolary mode has place – the need to wit, of for the application of this security
2. on the other hand, the length, vexatiousness and expensiveness
of the necessary journey – journey to and fro with intermediate
demurrage included – necessary to the performance of the supplemental
examination in the oral mode.
Identifier: | JB/055/211/001"JB/" can not be assigned to a declared number type with value 55. |
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1825-04-24 |
19-21 |
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055 |
Procedure Code |
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211 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
E6 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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17932 |
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