JB/052/421/001

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1825. Feby 12 A
Procedure Code A Examples

1o
Ch. VIII Hearing Simple
§.

1. Pursuer
11 Service. III Collative Law. IV. Collative fact. V. Defendant
VI Pursuers Evidence VII Ablative fact, none. VIII Counterevidence none sufficient
IX Counterdemand, none sufficient X Judicial service necessary

A.
Pursuers Demand Paper Demand which (a) [purely blameless
requisitive — not inculpative.
[i.e. in which no wrong is any shape is imputed to a
defendant only his concurrence in the adjustment of a
set of rights resides the authority of the Judge requested required]

Note
(a) This case is the one
first brought to view
because as being in appearance
at least, the simplest.
But of all forms it is that one of the
four, by which the
by much the smallest
part of the field of law
substantive and adjective
together, is covered.

It is however the
sort of case by which
the greatest variety of
complication is exhibited;
and in which
the mass of
unavoidable delay,
vexation and expence
be apt to be maximized.

1. Pursuer, who. Means of intercourse
with him.
II. Service : to wit
II. Effective Service demanded: to wit
concurrence in the adjustment of
a set of rights. Examples
1. Concurrence in the Division of a mass of property
immovable property left vacant
by death.
2. Concurrence in the Division of a mass of property
subjected to Services arising
On creditors by insolvency
on the part of their common debtor

III Collative General Law. mooted Ground
the Pursuer claims to have
in point the field of law to demand for demanding the
abovementioned service. Reference
to the Code Chapter, Section and
Article or Articles by which to an
individual circumstanced as per
No III the right of demanding this
same service is conferred.

Say Code C Right conferring Code
Ch. III. §§ 4 Art. 5. Example
1. Law ordinary that at the suit demand
III. Collative Fact. Ground which
of any in whose favour
in the field of the Pursuer
a collative fact as per No III shall
as per No II has to demand the
have had place the Judge having

regard to the demands of other individuals
circumstanced in the
same manner shall cause division
to be made of the subject matter
between him and them in certain
assigned proportions.
2. So in case of insolvency

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IV. Collative fact alledged. Ground which
the Pursuer claims to have in the
field of fact to demand the
above service. Example 1
1. A.P. P.E. being possessed of a portion
of land entered from field or situated
in the A.P. this subdistrict called
Highbury left died leaving four children
of whom the Pursuer A.P. is
one child: to wit on or about
the first of Jan. whereby the
under the Law as per No III
the Pursuer is entitled to demand
at the hands of the Judge
the one equal fourth part
of the said portion of land, and
at the hands of the other three
their concurrence in the division
so to be made.

IV. Defendants A.E. B.E. and
C.E. Cointerestees with P.E. as
above

VI. Evidence personal: the declarations
expected from the mouths
of C. G. E. H. and M.R who
were present at the death

VIII Ablative fact, none. Example
1. To no person had the deceased
transferred the said land or any
part of it.
2. No Instrument had been made
ordering any other disposition to
be made of it.

VIII. Counterevidence, none. No
person either entitled or disposed
by oral judgment statement or otherwise to
deliver evidence in contradiction to
the legitimacy of the Pursuer, or the
death of the person all hereby alledged
to be dead.

IX. Contrademand none. No person
has
has or conceives he has
any demand upon the Pursuer
of such sort as to
disqualify him from making
their demand.

X Judicial service demanded,
the service consisting in the deter issuing and giving execution and effect to such judicial mandates as shall be requisite and sufficient to put the Pursuer in possession of his said equal
Fourth Part of that said Land.

Identifier: | JB/052/421/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-02-12	Marginal Summary Numbering
Box	052	Main Headings	procedure code
Folio number	421	Info in main headings field	procedure code a examples
Image	001	Titles	note
Category	plan	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	17094
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