JB/052/404/001

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1825. Feby 11
Procedure Code

+ C 2 Notes
Ch. VIII
(2 §.3. Pursuers Demand Paper
— might be liquidated

Demand Paper Code of the subject (1) B continued
(4) [Effective Service] Demand Paper B continued
Warning against excess in quantity in the subject matter of the
Demand

5
Code of the subject
Warning against
excess in quantity in
the subject matter
of the demand.

Art. In the Pursuers demand paper it will be
necessary that before the a Defendant if not present is called upon
to perform or refuse the service, it should be liquidated in
quality as well as in quantity: for example that in the case of
pecuniary compensation demanded in satisfaction for wrong, with
or without diatory circumstances, some sum certain such
as the Pursuer the reasonableness of which the Pursuer regards himself
as able to make apparent: for in this case without such liquidation
no imperative mandate issued issuable by the Judge could
be made applicable effectual to the purpose.

Code of the Subject

Warning against excess in the quantity or value of the effective Service demanded

1. Whatsoever in a case of this sort be the subject matter of the demand
case that the description term given to it by you be such it will be that in
for the joint case of the Pursuer and the Judge so to adjust the description given
of it, that in the case of non compliance non attendance, and non responsion,
on the part of the Defendant, proof of execution given to an execution-exercising mandate; issued
by the Judge may, without other description than what is so agreed upon is that so by you may will
suffice to put you the Pursuer in possession of it. If for want of want of sufficient information
respecting the facts belonging to the case the Pursuer you can not take upon him to fix the amount, let him write write the words in the appropriate space
the words "not yet ascertainable, remains to be ascertained from the evidence"

2 If you demand the fact is divided though If, although the demand by be in respect of the collative fact
well grounded, the amount, if the subject matter demanded, whether or in is in respect
of quantity or val manifestly
excessive or assigned
value manifestly
excessive as to or
quantity you the Pursuer will be compensationally & responsible, liable to be found in consideration of
and according to, the amount of the supposed imputed the demand excess: it being to this
amount unfounded; and having for its effect the exaction of the said service if tried in the
having the effect of oppression and . while accordingly be
he had it be

3. By apt appropriate interrogations it will be the case of the Judge, to bring
3. It will be among the cases of the Judge to bring to by and
the statement of the respecting quantity and value, to such a
degree of correctness as may warrant the his giving possession to the demandant,
in the event of non-compliance, and on the part of
the Defendant, after attendance an appropriate mandate received by him.

4 From the Defendants counterdemand, should any ensue, it will appear
what is the object of his contestation: whether its is the applicability of the alledged collative fact, or only the
quality or value assigned
to the subject matter of the demand.

4. Note that superiority in quality, is superiority in quantity of value.

Identifier: | JB/052/404/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-02-11	Marginal Summary Numbering	5
Box	052	Main Headings	procedure code
Folio number	404	Info in main headings field	procedure code
Image	001	Titles	demand paper b continued
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d3 / e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	17077
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