★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
III Ablative facts negated
continued.
IX 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 non-existence
of all such
ablative facts must
therefore be exacted, as
well as the affirmance
of the existence of a
Collative fact as per
No VI, and thence of
A right to the Effective
Service demanded, as
per No IV.
[+]
[+]1 Ablative with relation
to the title of the
Pursuer to the services
respectively demanded
of them, any such fact
will, with relation to the
burthen imposed on the Defendant
by the obligation
of rendering any such
service be exonerative.
X. Counterevidence
if any, from what
sources expected.
Counter evidence is Evidence
either in disproof
of a fact, which
with reference to the
Pursuer's Demand is a
Collative fact, as per
No VI, or in proof
of a fact which, with
reference to it is an
Ablative fact, as per
No IX
XI. Counterdemand,
whether any, and if any,
what, according to the knowledge
or belief of the Private
Pursuer, declared: counterdemand,
to wit a Demand
on the part of
a proposed Defendant,
at the charge of such
Private Pursuer. Any
such counterdemand,
if just, will according
to to its value as compared with the value of the corresponding
Effective Service,
take away
such Pursuers right
to the effective Service it
as per No IV. But
it will not afford, as
an Ablative fact would
a ground for the dismissal
of the Private
Pursuers Demands:
only for doing away, or
lessening the amount of
any preliminary security,
which might be
needful, for securing
execution to the Collative
portion of Law,
as per No V, and thus
to the Private Pursuer
the benefit of the Effective
Service as per No IV.
Much less will it operate
towards the dismissal of
the Public Pursuer's
Demand as per No IX.
XII. Judicial Service demanded.
This will
consist in the performance
of all such Judicial acts
as will be necessary to the causing the Collative portion Law as per No V. to receive execution and effect, and thereby the Effective Service as per No IV, to be
rendered.
Identifier: | JB/052/425/001 "JB/" can not be assigned to a declared number type with value 52.
|
|||
---|---|---|---|
052 |
procedure code |
||
425 |
|||
001 |
ablative facts negatived continued |
||
plan |
1 |
||
recto |
|||
jeremy bentham |
|||
17098 |
|||