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Corrected the copy, and this
Original
Demand Paper B. The Demand inculpative [or not] but not criminative
Heads under which the matter of a Pursuers Demand is to be stated, for the purpose
of the Judge's determination, whether to call upon any person in the character
of a proposed Defendant to comply with the Demand or to conf contest it.
I. Pursuer or Pursuers, who.
Heads under which entries
are to be made in relation
to each.
1. Sex
2. Condition in respect
of marriage.
viz. whether.
1, Never married
2. Widow or Widower.
3. re Married.
3. Age. Time of birth,
if not exactly known,
according to conjecture:
if exactly
known, Year,
Month & day of the
Month.
4. Birthplace: whether
within or without
the territory of the State:
if within, mentioning
the District, Subdistrict,
& Bissubdistrict.
5. Occupation or occupations —
profit-seeking,
if any, what: so
official
II. Means of intercourse
for the purpose of the
Suit.
1. Habitation, to which
a mandate or other message
from the Judicatory
may be directed,
with an assurance of it's
being received, the habitation
being identified
as per Election Code §.
On every change, the information
under this
head will have to receive
a corresponding
change.
III. Effective Service Demanded:
to wit
Appropriate satisfaction
from some wrong alledged
to have been to the Pursuer
by the proposed Defendant:
that is to say for some
wrong individual not
productive of damage in some
shape to the Pursuer and as such
culpable but not criminal
either criminal or but held culpable, belonging to
some one of the sorts of
Offences, mentioned described under
the head of Private Offences
or Offences against
Individuals in
the Penal or say the
the Wrong-restraining or
say the Penal Code:
mentioning the names of
the sort of wrong with the
Chapter or Chapters, Section
or Sections, and
Article or Articles in
which the description of it
is given, together with that
sort of satisfaction
provided in respect it it.
IV. Collative portion of
law relied on by the
Pursuer. This will
consist of the Article or
Articles, referred to in the
manner in No III particularized.
It is called
collative, in respected of its
[being regarded as] conferring
on the Pursuer
the right to the Effective
Service demanded as per
No III.
☞ Added 8 March 1825
No IV continued.
Collative with relation to the Pursuer's
title to the service as above demanded by the
Pursuer him, it will with relation to the
burthen imposed on the defendant by the
obligation of rendering
that service it will be
onerative.
V. Collative fact alledged.
This will be the committal
of the an individual
act of the sort of
same one of those mentioned
in No III mentioned.
VI. Codemandant or
Codemandants, if any,
and proposed Defendant
or Defendants: those
to wit persons to wit
who by the Pursuer are
looked to in those several
capacities: with
their several descriptions
as per No I: also the
means of intercourse
with them respectively
as far as known or believed,
as per No II
VII. Sources of the Evidence looked
to in proof of the Collative
fact, alledged, as
per No V. Under the
to be
this
any thing
sources of the evidence
known or supposed to
be obtainable: to wit
such person, together
with such writings
and such other
things, if any, as the
Pursuer looks to in
that character, for
support to his demand.
The evidence
itself will remain to
be elicited at the hearing,
from those its several
sources.
Added 8 March 1825. III VIII
Ablative with relation to
the title pursuers title to the
service demanded by him
with relation to the burthen
imposed on the defendant by the
obligation of rendering that same service it will be exonerative.
VIII. Ablative facts
negatived. Of any
adequate ablative fact: the effect
will be in every case, to take
away any right conferred
by a collative
fact. The affirmance
of the none existence of all
such ablative facts, must
therefore be exacted, as
well as the affirmance
of the existence of Collative right
fact as per No X. and thence of
a right to the effective Service
demanded as per No III
IX. Counter evidence, if
any, from what sources
expected. Counter evidence
or Evidence — either in
disproof of a fact which
with reference to the
Pursuers demand is a
Collative fact as per No V
or in proof of a fact
which with reference to
it is an ablative fact
as per No VIII
X Counterdemand, whether
any, and if any what
declared according to the knowledge
or belief of the Pursuer,
declared: counter demand,
to wit a demand
on the part of a proposed Defendant
at the charge of the now
Pursuer. Any such
countermand if just,
will according to the value
as compared with that of the corresponding Effective
Service, as per No III take away
the Pursuer's right to it.
Effective Service as per No
III. But it will not afford as
an ablative fact would
a ground for the dismissal
of the Demand: only for
doing away, or lessening the
amount of any preliminary
security which might
be needful for securing execution to the Collative Line as per No IV. and thence to the Pursuer the benefit of the Effective Service.
XI. Judicial Service Demanded. This
will consist in the performance of all such judicial
acts as will be necessary to the causing the Effective
Service as per No III to be rendered.
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Identifier: | JB/052/394/001 "JB/" can not be assigned to a declared number type with value 52.
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1825-02-19 |
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052 |
procedure code |
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394 |
procedure code |
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001 |
demand paper b |
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plan |
1 |
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recto |
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jeremy bentham; john flowerdew colls |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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[[notes_public::"march 11 corrected the copy and this original" [note in bentham's hand]]] |
17067 |
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