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Edinburgh: Archibald Constable and Company, 1807. By chapter 11 a very stringent process was created for the action of account. Ninthly, The Excellency of this open Course of Evidence to the Jury in Presence of the Judge, Jury, Parties and Council, and even of the adverse Witnesses, appears in these Particulars: 1st, That it is openly; and not in private before a Commissioner or Two, and a couple of Clerks, where oftentimes Witnesses will deliver that which they will be ashamed to testify publickly. 2dly, That it is Ore Tenus personally, and not in Writing, wherein oftentimes, yea too often, a crafty Clerk, Commissioner, or Examiner, will make a Witness speak what he truly never meant, by his dressing of it up in his own Terms, Phrases, and Expressions; whereas on the other Hand, many times the very Manner of a Witness's delivering his Testimony will give a probable Indication whether he speaks truly or falsly. and by this Means also he has Opportunity to correct, amend, or explain his Testimony upon further Questioning with him, which he can never have after a Deposition is set down in Writing. 3dly, That by this Course of personal and open Examination, there is Opportunity for all Persons concern'd, viz.

Pages: 796

Publisher: Nabu Press (February 3, 2010)

ISBN: 1143442210

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