JB/052/407/001

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1825. Jany
Procedure Code

+ 2 Notes
Ch. VIII
2 §.3 Pursuer's Demand

Note to Demand Paper A. & B. B.

9
Proposed defendant
who

( ) V IV [Proposed Defendant] to wit, the Person at whose charge the services the services, effective and judicial are demanded
the person who, if could be the sufferer by its their being
rendered; and who accordingly has an interest in opposing their by a corresponding interest is prompted/urged to
its offer being rendered. This person is either known to the applicant To the pursuer, this person may be either known
or unknown, if unknown, the application can not as yet
but be anything but information: contentious it may can not be termed, unless and
until, by measures means of arrangement appropriate arrangements taken by the Judge for the discovery of the
person, a contestation with him is . When he the case by which he is
then thus as yet , the case will most commonly be a penal one: Such
is the sort most commonly where the proposed defendant
this being the sort of case in which with a degree of force correspondent
to the magnitude of the punishment of the suffering satisfaction
produced by the obligation of rendering satisfaction, or by the punishment liable to be
undergone
punishment or both, him to keep himself
or both as the case may be, his interest will be urging him to keep himself
from being known. By accident the may have
however this may have place in a case where the suit
place in a now present case
Copy this into the
fair copy
is simply requisitive, as to which see Demand Paper A: as }
also in any case whether inculpative or not, in which by the }
contemplation of the inconvenience attached to the fulfilment }
of the obligation endeavoured to be imposed upon him, he is }
prompted to evade it. }

III. Grounds of demand as to fact: to wit — Evidence what and
from where personal, real or written: If personal, from
whom: if written by whom written if real, what, and
from whom: if written, i.e. already written, whose — of what
person is it the discourse. Real and ready written
evidence remain to be not capable of being addressed; personal, requires
to be elicited.

III. Grounds of Demand are from the question of fact: to
IV.[Collative Fact]
This will be composed of the alledged existence of several
individual matters of fact to a or state of certain
things at a particular point of time having by appointment of law, as above with relation
to the service demanded, the effect quality of a collative fact
conferring on the pursuer a right to the above service.

The collative fact will sometimes have been known
before the person caat whose charge the service may have to be demanded and rendered is known or can be assigned. Thus it is in
the case of creditants, where the effects of the course may be subject matter of general notoriety before
this person concerned who had part
in the commission or effect
has been discovered or even suspected.

Identifier: | JB/052/407/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-01	Marginal Summary Numbering	9
Box	052	Main Headings	procedure code
Folio number	407	Info in main headings field	procedure code
Image	001	Titles	notes to demand paper b
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17080
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