★ Find a new page to transcribe in our list of Untranscribed Manuscripts
1825. Feby. 16
Procedure Code
Art. 28. Whatsoever of In favour of whatsoever of the sides
it may be that the decision is from, that need may have
place for the like care to avoid doing injury to the right
of the absent co-interestee. If adverse to his side, it may
be too adverse – more so than it would have been, had he been
present to give his support to it; if favorable, not in a sufficiently
degree favorable.
In a case of this sort much will depend upon
whether the abode of this co-interestee is within the territory of the
judicatory in question, or the territory of another judicatory in the
State and in that case upon the remoteness of it, or in the
territory of a foreign state, and then again in some measure
upon the remoteness: in the second of these cases the
intercourse if any with this co-interestee for the purpose of judicature will with more
or less probability be to be carried on no otherwise
in the first instance at least than in the epistolary mode,
in the 3d case with encreased probability. As to the
epistolary mode domestic and foreign internal and extra-extending see Ch. §.
Art. 29. On this occasion as on so many others, the Judge will may
see that his choice lies have his option to make between two evils – the opp evil opposite
to the direct end, and the evil opposite to the collateral
end or ends of justice; on each occasion his choice will
be in favour of that whichsoever it may be which in his
eyes is the least.
|
Identifier: | JB/055/268/001"JB/" can not be assigned to a declared number type with value 55. |
|||
|---|---|---|---|
|
1825-02-16 |
16-17 |
||
|
055 |
Constitutional Code; Procedure Code |
||
|
268 |
Procedure Code |
||
|
001 |
|||
|
Text sheet |
1 |
||
|
recto |
C5 / C2 / D15 / E6 |
||
|
J WHATMAN TURKEY MILL 1824 |
|||
|
Jonathan Blenman |
|||
|
1824 |
|||
|
17989 |
|||
