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(3 3 2
[B.3.] Greater I Ch IX Intermediate Procedure
3 (3 §.1. Consideranda continued
Ch IX )(
§.1 Consideranda.
16 or 1.
1. Ends to be aimed at.
Art 1. Whether it be the effect
to be produced and the
operation to be performed
ultimate execution to be
given to the laws, and decree
demanded thereby
rendered — preliminary
security to be afforded —
counter security to be afforded:
testimony to be
elicited —and for all these
several purposes, intercourse
with justiciables
and judicial functionaries
commenced and
carried on, the endeavour
of the Judge will be to
combine with the maximum
of efficiency &
the maximum of promptitude,
or say the minimum
of delay, with the
minimum of vexation
or afflictiveness, including
the minimum of
vexatious expense.
17 or 2.
Art 2 Ceteris paribus
that mode of operation
which is most prompt
will be least afflictive vexatious.
To the pursuer's side
it will manifestly be
most beneficial.
So likewise to the Defendant's
side; except
in so far as by delay, in
respect of the rendering
of the Service due, he
is served at the expence
of the pursuer, and
of the interest of the public
in respect of justice.
§.1. Consideranda.
18 or 3.
Art 3. Middle agency
the Judge will take
care not to employ without
necessity.
Reason By every
middle agent unnecessarily
employed, chance
of ultimate failure is encreased,
delay certainly
encreased, and either
vexation to the agent,
or expence in satisfaction
for it encreased.
19 or 4.
Art 4. In particular,
where to the loss of any
person, a Defendant for
example property is to
be conveyed transferred he will
convey make graphical transfer of it with his own
hand, without compelling
the Defendant to be
instrumental in the
conveyance. Compulsion
may be necessary
to produce disclosure:
it can not be to effect
conveyance graphical transfer (a)
(a) Add — Mocking of a
Judges mandate by another,
, Needful only
1. Security against forger
2. Information of instance pretence
rendering pretence impracticable.
20 or 5.
Art 5. of the options which
the Judge will thus have
continually to make, he
will all along give the
reasons. In particular,
where of divers courses,
for efficiency he holds
himself obliged to employ
the most afflictive.
Identifier: | JB/052/085/001 "JB/" can not be assigned to a declared number type with value 52.
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