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(4 Ch. Judicial Intercourse
Observations continued
In the case of him by whom a professional assistant is employed
all difficulties may be made to disappear by
his consent that every missive that addressed to him at
the habitation of such his Assistant, shall be presumed to
have been received by him within the appropriate time.
The law in this respect is very different, according as
it is in the character of an proposed pursuer of the applicant
for himself that the individual attends or in any other
character. If in the character of a proposed pursuer, the benefit
expected by him to be gained by the suit is a benefit which
by any want of adequacy on the part of the afforded
he will be loath to forfeit: and which will accordingly
operate as a security for such adequateness.
So if it is in the character of a trustee regularly
constituted or self constituted that he attends
in this case between the correspondent security will have
place, and by the amount of the benefit sought will supersede
the demand for an inducement if the had in
any other shape
But in every other case than this, such
will manifestly be necessary
In particular if the individual in attendance be a
defendant in an extraneous context.
Identifier: | JB/052/345/001 "JB/" can not be assigned to a declared number type with value 52.
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001 |
observations continued |
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