JB/052/474/001

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1827 May 13 Procedure Code
Procedure Code

7 ult
Ch Suits continuation

(1) (7
☞ Refer then to Ch. Suits — their sorts

17
Serving demanded by
demand paper are
graduable or ungraduable

Expositive
Graduatable or non-graduatable

Art. 14 Graduable or ungraduable. The service
demanded by the deman-paper may be either graduable or
ungraduable. Understand by a graduable service a service
which admitts of degrees: as for instance in compensation for a wrong
suffered in a shape other than pecuniary. So may What
so ever be the number of pieces of money of the lowest denomination capable of
being taken for the usbject
matter of payment on
the score of compensation,
that same is the number
of degrees of which
the amount quantity of the compensation
is susceptible.

18
Graduable admit of
degrees of performance. In the
case of Ungraduable no alternative
between compleat
performance & non-performance

Expositive

Art. 15 Understand by a non graduatable or say non-graduable service, a
service in respect of which is no alternative has place
but that of compleat performance and compleat non-performance:
as for instance Examples are 1 the restitution or transference of a
thing not susceptible of division without destruction or deterioration
of value as a horse, or a house. 2. The service consisting
in the payment of a sum certain in pursuance of a contract:
for instance a bill of exchange drawn on the defendant
and by him accepted. ||

|| Note the expression ambiguous: preferable appellation
sanctioned or confirmed: acceptance presents the idea as the character of
accepter not the individual drawn upon but the individual by whom the
promise is accepted as an equivalent for performer by payments

19
When service is graduable
Defendant to specify the
degree which is the object
of his demand.

Enactor.

Art. 16 Where the service demanded by the Demand-paper
at the charge of a Defendant is graduable, the Defendant
will individualize the degree which is the subject matter
of his demand: that is to say in case of compensative money
for a wrong, the precise sum which he is willin consents to accept.

20
After examining him
as to grounds of fixation
Judge to affix his provisional
assent or to make
some other fixation

Enactor

Art 17. On After examining him as to the grounds values and
reasons on which his the fixation thus made of the sum is
grounded — the Judge will either attach his provisional assent give his confirmation to that same
fixation to that sum, or make such other fixation as to him
shall seem meet: which done the p sum so provisionally
fixt upon will be the sum stated in his Compliance or Defence-requiring
mandate as the sum which will be exacted of the Defendant
in case of non-compliance coupled with non-response.

Identifier: | JB/052/474/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1827-05-13	Marginal Summary Numbering	17-20
Box	052	Main Headings	procedure code
Folio number	474	Info in main headings field	procedure code
Image	001	Titles	expositive / expositive / enactive / enactive
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d7 / e7
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17147
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