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2
Ch. Suits Termination
(2 §.
Add the appendices decree in
to Costs
4
In the second case the
decree may be absolute
or conditional
Enactive
Art 3 4 In the other second case, it may, as in the opinion
of the Judge may seem most meet, be either absolute or conditional:
absolute
5
If absolute & in favour of
Pursuer it will order execution
Enactive. Instructional.
Art 4. 5. If absolute and in favour of the Pursuers side, it will by
the imperative part branch of it order execution and effect to be given to the
correspondent portion of the substantive law
6
If absolute in favour of
Defendant it will pronounce
dismissal with
inhibition of further application
Enactive. Instructional
Art. 5 6 If absolute and in favour of the Defendants side, it
will by the imperative branch of it pronounce the Pur
dismissal; dismissal to wit of the Pursuer and his suit: inhibiting
him from making any further ulterior application to that same Judicatory in respect
of it.
7
In this case provision
made against vexation
from reiterated pursuit
Enactive. Instructional
Art 6 7. In this case provision is made for preserving securing judicature
and judgeable suitors in the character of proposed Defendants from being vexed by vexation by
unduly reiterated pursuit. As to that see Ch. §.
Unduly reiterated pursuit obviated.
8
Decree conditional in
two modes
Exposition. Instructional. Enactive
Art. 7 8. The Decree If being conditional, it may be so in
either of 4 two modes:-
9
1 In favour of Pursuer
but reversible by exhibition or non exhibition
of this or that
piece of evidence
I. In favour of the Pursuers side, but simply reversible simply or
modifiable in the event on the exhibition
of the exhibition of this or that a piece of evidence
by which the Pursuers right would be established, or the non-exhibition
of this or that piece of evidence by which the
existence of the alledged right of the Pursuers would be disproved.
10
In favour of Defendant
but reversible or modifiable
by exhibition or non exhibition
of this or that piece
of evidence.
Enactive. Instructional
Art. 8 9. 2. In favour of the Defendants side, but simply reversible simply
or modifiable in the event of the exhibition of this or
that piece of evidence by which Pursuers title would
be established, or the non-exhibition of this or that piece of
evidence by which the Pursuers existence of the alledged right
of the Pursuer would be disproved.
Identifier: | JB/052/479/001 "JB/" can not be assigned to a declared number type with value 52.
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1827-05-22 |
4-10 |
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052 |
procedure code |
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479 |
procedure code |
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001 |
enactive / enactive - instructional / enactive - instructional / enactive - instructional / expositive instructional enactive / enactive instructional |
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text sheet |
1 |
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recto |
d2 / e2 |
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jeremy bentham |
j whatman turkey mill 1826 |
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jonathan blenman |
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1826 |
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17152 |
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