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1828. July 21
Jud
Preface?
34
From evidence no
fees obtainable, except
for sub poena to each
supposed evidence holder
Thus it is seen already that by the evidence
if it were possible it was not easy for the Judge to obtain fees: but that
by the written pleadings it was always possible. He
might indeed get by the fees for the service done rendered
by him in the case of each witness by the reception of the evidence: and so accordingly
he did to wit by his authority annext to the written
instrument called a sub poena by which the supposed evidence-holder was demanded
to come appear and deliver his testimony or other evidence: [+] [+] and this whether the
supposed witness thus
summoned made his
appearance accordingly
or not. But by
the written instruments fees, it is evident, might be obtained
before any evidence was heard, and in cases
where from one cause or another so it happened that no
evidence was heard. This for example would be the case
as often as the defendant, conscious of having no good defence,
either complied with the demand, or betook himself
to the staving off compliance as long as might be, by
written pleadings.
35
From the pleadings
fees more extractible, whether
the suit went the length
of evidence, or not.
It is moreover evident/manifest in the first place
that, forasmuch as there was nothing to hinder the exaction augmentation of the fee in proportion
to the length of the instrument
requiring so much
money for example
for such a number
of words
36
Fees which could
be encreased in proportion
to length of pleadings
and so were.
that the longer each such instrument of demand on the
one part of defence or the other, they being both committed
to b writing could be made, the greater, the fee if it were
deemed advisable the fee might be made: so also, the more
instruments the more fees
☞ Speak here of afterward of the interest in delay
Identifier: | JB/056/255/001"JB/" can not be assigned to a declared number type with value 56. |
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1828-07-21 |
34-36 |
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056 |
Procedure Code |
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255 |
Jud |
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001 |
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Text sheet |
1 |
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recto |
C10 / F11 |
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18311 |
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