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§.9. 11 1o
Ch. Means of execution
11 §.1. Analytic sketch
§ 9 Agency — mode of
1 Positive
2 Negative
Upon the whole, to the decrees of a Judge, execution
and effect may be given by positive agency or by negative
agency. If by positive agency either by physical in persons or
in things: if in person either the person ultimately intended to be operated upon, or upon some
intermediate person
by agency in the physical faculties or by agency in
the sensitive faculties: if in things either in things appertaining belonging
in the hands to the person in question the party in the suit, or in
things belonging to any other person at large: if in
the sensitive faculties either for the purpose of inflicting punishment producing suffering
or for the purpose of producing compliance.
In so far as execution and effect depend upon power
exercised by the Judge over things, inexecution may be produced
by delay whether the things in question are or are
not in the custody or power of the defendant: for in the
either case destruction, asperlation, or concealment
beyond recovery may have place.
Hence, suppose appropriate and adequate security
found, provisional prehension and sequestration may with on no
ground have place in relation to property things in the hands of
the defen person intended to be operated upon, whether in the
character of a defendant, a prisoner or an extraneous witness.
As in on the one case part the object of the Judge is will be to exclude
irreparable damage, so will it equally be so on the other.
The In the nature On the occasion of the security executed
As a ground for the employment of this means of eventual accersition
in question this will accordingly be borne by him in
mind.
Identifier: | JB/052/503/001 "JB/" can not be assigned to a declared number type with value 52.
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