JB/052/091/001

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1825. March 22
Procedure Code.

? 14/? 11/6 101
P III
Ch. IX
(1 §. 4 Counter security — need

1.
Art 1. The need of countersecurity
is produced
by, and proportioned to,
the magnitude & probability
of the evils, which
by prehension and adduction
of the individual,
are liable to be produced
for want of it. These evils
will have their rise —
partly in the situation
of the proposed Defendant,
partly in the disposition
and situation of the Pursuer.

2.
Art 2 Of the evils liable
to be produced by the situation
of the proposed
Defendant, examples
are as follows.

1. The proposed Defendant
labouring under a
disease, for which a distant
climate is by medical
advisers regarded
as affording a probable
and the only means of
escape from impending
death. Effect of the prehension
and adduction mandate
executed, the same
as that of a sentence
of Death pronounced
and executed.

2. The proposed Defendant
is on the point of
embarking with a Cargo
for sale, in which the
whole of his capital is
invested: before he cd
have been set free to
embark, the vessel has
sailed

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2 contind
sailed, and within the
time, no person able
and willing to undertake
charge of the cargo could
be found by him. Consequence,
a part more
or less considerable,
spoilt, purloined, or
sold to a loss: to the
amount of the loss, no
assignable limit. Effect
of the Mandate, fine,
with execution to that
amount

4. In the vessel wench
a female, to the proposed
Defendant an object
of matrimonial pursuit
with prospect of success:
the female unpledged
or faithless, consequence
her marriage with
another. Loss indescribable
and incalculable.

5. Destination, as before:
the female a new married
wife. In the vessel,
or on arrival she finds
a seducer. Consequence
seduction. Loss again
incalculable

3.
Art 3. In each instance,
cause of the evil, accident
or sinister design.
If sinister design, for
proposed Defendant, say
Victim or intended Victim
1. In the case of the disease,
victim say a rich
proprietor; machinator,
a next of kin or expected
legatee.
2

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3 contind
2 In the case of the emigration
with a cargo;
Machinator, say
a rival trader.

3. In the case of the emigration
for the settlement.
Machinator, say a
rival having designs upon
the same portion
of land.

4. Victim, the disappointed
lover: Machinator,
the successful rival.

5. Victim, the new married
husband, Machinator
the seducer.

4.
Art 4. In no one of these
cases, unless specially
provided against, as
below, does the Machinator
stand necessarily
exposed to legal
responsibility in any
shape. To the accomplishment
of the design, no
mendacity, punishable
or so much as unpunishable,
is necessary.
Many are the ways
in which, for any such
purpose, the Machinator
may in relation
to the intended
Victim, contrive to
place himself in the
situation of Creditor.
In

Identifier: | JB/052/091/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-03-22	Marginal Summary Numbering	1-4
Box	052	Main Headings	procedure code
Folio number	091	Info in main headings field	procedure code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d14? / d11? / d6 / e1 / f101
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	16764
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