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Ch. VIII
(2 §. Suit at least 31.
4
Article 11 Cases in which
at the first and sole hearing
a suit may be terminated
in favour of defendant pursuer
but after having
1. Case 1 Defendant or
defendants all attending
Defendant witnesses none
Art. 4. Where along with the applicant received
as Pursuer a proposed Defendant while by consent or by
compulsion attends at the same time or this same initiatory hearing the distinction requiring
on which this may be thus secure things
to the
1. in Cases 1. 2. 3. as above dismissant, as above
152
Art. 1. Fewer of the terminated
decrees in this case
1 Mea Opinatur decree
The pursuers demand
is well grounded 1 in the
question of law. 2. So
in the question of fact.
4. Case 4. Pursuers, one or more: Defendants, one or more.
extraneous witnesses adduced Parties fully heard on both sides, service judicial service demanded
In the general, granted. chosen "Pursuers demand
case was adequately grounded on the question of law: adequately grounded So in the question
of fact. Mandative decree, by the issuing of which the judicial service
is rendered, and the effective service commanded to be rendered to the
Defendant, example expressable in the following examples
6 13
Art. 6. II Mandative
decree. Of this, the time
will vary according to
the species of the case,
and thence of the suit.
Arts. Examples
1. Cause of suit, say — Corporal vexation o the act — or the correspondent
attempt, preparation, menace, or challenge. Mandative
decree, comparative ordering Pay [so much] in compensation
174
Art. 7. Case 1. No
wrong [or quasi wrong]
imputed to the any Defendant
Suit purely requisitive
partition requisitive
not in inculpative
Appropriate mandate
Partition shall be begun
and under any direction
made.
2 Cause of suit, non performance of contract — contract
the most ordinary sort. Work done. Goods furnished d the
expectation of money value in money expected in just in adequate
grounds. Decree here again Pay [so much] in compensation.
3. Suit public-private cause of suit theft: goods
found on defendant — defendant immediately prehended and adduced by pursuer — confessing
or in vain denying, other witnesses none. Operative Decree
not to under question of fact. The goods taken by the defendant in under the question
of those taken under circumstances which denominates it
theft. Mandative decree under 1. compensation paid. Convict. reason
the goods under pursuers part Convict submitt a the appropriate punishment
[naming it] thereupon correspondent Subsidiary purefactive mandate to
the appropriate authorities.
By execution given to
this punishment correspondent
service is rendered to the
public at large — say
Accurative service.
Identifier: | JB/052/340/001 "JB/" can not be assigned to a declared number type with value 52.
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