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+ F §§.6
or Formularies
Ch. VIII Judicial Hearings
1 §.6. Termination Decree
☞ For modes of termination and termination decrees where the termination
is effected at the first hearing see Ch. VIII Initiatory Hearing.
§§. 6 Termination decrees, their modification
1
Decrees 1 opinative
2 recordative 3 compensative
Art. 1. Whenever a suit receives its termination
it is by a consecutive pair of decrees — the opinative and
the mandative: these being with or without a third — the compensative
with reference to the two principal decrees it is appendixive adjectative
supplementary
2
Opinative decree 1 simple
2 mixt
Art. 2. The opinative decree is either simple
or composite mixt: simple when it favours either safety of the
pursuer's, or safety of the defendant's side — there being but
one party on each side: mixt, if partly in favour of
one side and partly in favour of the other: so between if there be
any distinction made as between party and parties in the
side either or both sides.
3
In case of pursuers
failure Opinative
decree tenor
1 failure in point of law
2 do in point of fact or
3 do in point of law &
fact
Art. 3 If When, either on the ground of law,
or on the ground of fact, the pursuer fails to prove the justice
of his demand to the effective service which at the charge of the defendant
he demands at the hands of the Judge, through by the
means of the his judicial service, the terms of the opinative decree is
1 failure in the question of law fact, or failure in the question
of fact law, or failure in the question of law fact and failure
in the question of law
4
Correspondent
decrees formularies
Tenor
Art. The Of the correspondent mandative
decree the tenor in this case is Pursuer: Your pursuit is dismissed let this your pursuit
cease Let it cease.
Tenor
Art. Tenor of the appendixive decree if
any — if compensative Pay to the Defendant, compensation
money [so much] If as yet there be expence or vexation any
person in the character of Defendant. For delays of justice
by needless occupation of Judges &c time, pay to the Helpless Litigants fund [so much]
Identifier: | JB/052/419/001 "JB/" can not be assigned to a declared number type with value 52.
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