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Ch. VI Judicial Application
(1 §.1. Principles Purposes
§.2. Principles as to both Purposes Purpose the more extensive the Judicial application Information — its purposes.
☞ Copy these marginals
Art.. 1. In regard to applicants Applicants who the sort of judicature
objects with reference to persons included in the character
of applicants require to be kept in view. 1. put
in regard to every person desirous of making application for
whom useful proper facility of application be maximized
2. that to no person without preponderant benefit the
made expence abundant in such an
should in case of be
Art. 1 In regard to purposes [and occasion]
the object principle leading principle seems to be: that to all purposes
that can both properly be made judicial the facility
ought to be open to exercise: and to render the purpose
judicial: it is not necessary that on the occasion in
question a suit should actually have been instituted.
It is sufficient if either a probability having place that a
suit of a certain description will be instituted it will in
probability be conducive to the purposes ends of justice that the
service arrived at by the application should be granted; or
that the applic service be granted, a suit conducive
to the ends of justice thereby attended, in a case in the the case being such
instance in which but for the same service, a suit might
otherwise not have been instituted, and thereby the ends of justice
might have failed of being attended.
1
Art. 1. Principle as
to purposes. Purposes
which judicial application
should be receivable,
all judicial purposes.
Judicial not
those only which are
aimed at on occasion when a suit
is in existence. but
those which are g
To produce an efficient
demand for the receipt
of such an application
it suffices if
there be a probability
of a case in which
a suit judicial demand will be instituted
in which the
service applied for
would be conducive
to the ends of justice: or
2 that the service may
give rise existence to a suit
demand conducive to the ends
of justice; or
3. pursuit or defeat a
demand adverse to the
ends of justice.
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