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1823. Novr. 12
Constitutional Code or Procedure
Art. 4. If, in the judgment of the Judge, the facts admitted
by the Defendant to be his belief decided or undecided belief
to be true, are sufficient to establish the pursuer's title claim
unless other facts presumptive of his title are
established, and no such facts are established, the Judge
thereupon pronounces the decrees opinative and re comparative
adapted to the nature of the service which on the pursuers
side is demanded.
Art. 5. If not, and any pieces article of ready written
evidence is adduced by the pursuer, he puts the question to
the Defendant whether it be or be not the handwriting of
the person whose handwriting he the pursuer declares himself
to believe it to be: whereupon, if the Defendant does
not declare it to be in his believe not the handwriting of
the person so mentioned, he is considered as admitting having admitted it
and his admission is entered upon the Register, and noted
upon the document itself.✝︎ ✝︎ So in Bonaparte's and the anterior French Codes.
Art. 6. So, in particular if it be as alledged
of the Defendants own handwriting.
Art. 7. So, in the case of real evidence in any
shape, appropriate apt questions, according to the nature of the
fact in proof and the evidentiary circumstances, are put
to the Defendant and his answers as above entered in the record
and if the nature of the case admitts of it and requires
it, on the thing itself in which the real evidence has its
source.
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Identifier: | JB/055/217/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-11-12 |
4-7 |
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055 |
Constitutional Code; Procedure Code |
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217 |
Constitutional Code or Procedure |
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001 |
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1 |
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recto |
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J WHATMAN TURKEY MILL 1822 |
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Jonathan Blenman |
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1822 |
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17938 |
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