JB/016/094/001

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1827 Aug. 27
Procedure Code

Remedies
Ch. Collection & Distributive
(1 function

Collection and Transcript
Collection for Distribution

I. Remedies 1. in civils for rights 2. in pecali — for writs

Instructional.

Correspondent to sorts
of remedies are sorts
of suits

Correspondent to the several sorts of remedies provided
by the Penal and Civil Codes respectively provided,
are the several sorts of suits.

Corresponding to compensational
remedy is
the money demanding suit

Corresponding in the whole or in part to the compensational
remedy is the Money demanding Suit.

Of this sort is every
suit for debt

Of this sort is To this head belongs every suit which has for its object the
getting in of a debt: the getting into the hands of the parties
money metallic proper or representative which in demand it is
matter of obligation on the part of another to deliver to him

Judicial assertions to
be made by Plaintiff
before commencing an
action for debt

Only in the case where without the intervention of
the authority of a Judge the money due would not, at or within the
time when due, (a) be delivered should the time of the Judge
be drawn upon for this purpose, and or the vexation coincident to the
reception of a Judicial demand be imposed upon the Debtor.

Accordingly one or other of antecedently to the entertaining of the suit a judicial assertion should be
exacted at the hands of the applicant importing that
for the judicial demand and the consequent
judicial proceedings petitioned for the applicant is apprehensive
that the debt will not at or within it being already due be paid when due: for that
either payment will either not be made at all, or postponed to a time not till the arrival
of a time indefinite or definite, but in any case too distant. Of Suits presented
the ground may be either 1. demand made and received but in vain, no answer
or none but what is unsatisfactory: neither affording the compliance due
nor a suffi one adequately probable prospect of its being about to be afforded;
or 2. an apprehension that to escape evade from contestation the alledged
debtor will expatriate, or disappear or say discommunicate. (b)

Note (a)

(a) Quere in what cases if in any should eventual payment securing
and thence provisionally executional i.e. prehensory/operative proceedings be allowed to be carried performed
on? say on the ground that to avoid payment the person about to become
debtor is about to expatriate. Example, the case where the Writ in
regard is issued? Call it precautionary provisional and defensible execution
or prehension.

(b) Anglicé without any for real want of
such these precautions a man
perfectly willing to pay
may be dragged into the situation
of a defendant.

Identifier: | JB/016/094/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1827-08-27	Marginal Summary Numbering	not numbered
Box	016	Main Headings	procedure code
Folio number	094	Info in main headings field	procedure code
Image	001	Titles	instructional / note (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	brocklesby & morbey 1827
Marginals	george bentham	Paper Producer	edmund henry barker
Corrections		Paper Produced in Year	1827
Notes public		ID Number	5901
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