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a A ☞ || II Facts supplied
but
1
IV
Ch. VIII Suit simplest Initiation
hearing
(1 §.1. State of things afterwards
Obstructive causes 1. Original 2. Incidental For the original, see
Ch. Such sale of. §1. simple and complex — causes of complexity.
Every cause of complexity is a possible and material cause of obstruction
☞ Quere whether to make this the
first Section of this Chapter, or the
Section of Ch. VII Suits: or a separate chapter?
Ch. VIII
Application a suit. Form simplest Judicatory hearing.
§.1. State of things afterwards The simplest case what.
Causes of complexity what.
1
Simplest cases the
most frequent
Art. 1 The course here pursued is to commence
with the simplest state of things that sort of case which is the most simple: adding
one after another the several circumstances by the successive addition
of which it is rendered more and more complex.
Happily that state of things which is the most simple, is
Also that which is by far the most frequently exemplified.
Insomuch that by provision made for this species classes of suits
provision will have been made for the great the vast majority of
the whole number of individual suits which within a
given period say a year will come under the cognizance
of the Judge.
2
Simplest case features
1 Applicant one only
2 Applicant the principal
3 Pursuer one only
4 Testifier none bar the
parties
5 Defendant one only
6 Pursuer responsible
7 Pursuer solvent
8 Defendant responsible
9 Defendant willing to attend
10 Suit compensation seeking
11 No excretitious suits
12 No other source of complexity
as per Ch. VII
Art Of this most simple and frequent sort of
suit the features are these which follow
1. Applicant, one only
1 2. Applicant a the principal — not a proxy
2 3. Pursuer a per Applicant's account one only: to wit himself
4. Testifier none but the parties
3 4. Proposed Defendant, that is to say party at whose charge the
effective Service and thence the judiciary is demanded, one only.
4 5. Pursuer, in respect of condition in life adequately responsible
thence no need of extraordinary seurities for his responsibility
in respect of groundless pursuit or judiciary falshood..
+ 6. Pursuer relatively solvent in respect of necessary judicial costs if any.
Hence no need of postulation of pecuniary supply of advances of fiduciary Cost
money from the Equal justice fund.
+ 7 Def Defendant adequately pecuniarily responsible: thence no need of
extraordinary provisional measure for securing execution and
effect and for that purpose means of effective communication with him
+ 8. Defendant clear of motive and pretext for declining personal attendance
thence no need of epistolary interrogation and examination to be performed
for the extraction of his allegations and evidence.
Identifier: | JB/052/426/001 "JB/" can not be assigned to a declared number type with value 52.
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