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Ch. IX Ch. VII Ulterior proceedings
(1 §. Suit against
Defendant
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Advantage of
conjunction
Advantages from this conjunction when it has place on
the Pursuer's side alone are as follows.
I to Pursuer — Security
obtainable for eventual
satisfaction
1. He may obtain at once the security sufficient for the
eventual obtainment of satisfaction in respect of all of
them: whereas if admitted to adduce them no otherwise than successfully
the result might be that after obtaining adequate security
in respect of the first security in respect of all the rest
might vanish and be lost.
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II to Defendant — 1
Knowledge of the whole
extent of his responsibility
2 facility of making cross
demands
II. Advantage to the Defendant
1. By his hearing and viewing at once the whole extent of his
responsibility, his mind might in so far, to wit, as against in relation to
all demands from that individual be comparatively at ease
he would see in its whole extent the burthen capable of
being imposed upon him the burthen for his exoneration from
which he could have to provide
2. In case of cross demand, the Defendant would have no
more to do than to pay or perform the difference between instead of paying
or performing the whole in the first instance, self with respect to which he might perhaps be
unable: and if
subject to the accident
of not being able to
obtain the effect of
his demand against
the Pl Pursuer
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III to both parties —
1 the same attendances
III. Advantage mutual to both Parties
1. The same attendances thence the same journeys from home to
the Judicatory might serve: and would serve for any number
of demands and cross demands
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IV So to non litigants
Non litigant
IV. Advantage to third person in the character of Witnesses.
1. In the same manner as in the case of the parties, a single
attendance might serve instead of two or more attendances.
so in the situation of missionary judicial function a single act
of acceration, or prehension, personal or real, instead of two
or more.
Identifier: | JB/052/430/001 "JB/" can not be assigned to a declared number type with value 52.
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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