JB/052/512/001

Click Here To Edit

1823. Octr. 28
Constitutional Code or Procedure

Ch. Procedure in distances
(6) §.

17
In this case pursuer
will have no means of
securing compliance

In this case, unless by accident, the pursuer's
judicatory has at it's command, some means
of Justiciability, sufficient, in the case in question,
to ensure compliance, (property for example, susceptible
of prehension) the Pursuer will not have
any means of securing ultimate compliance
with his demand, nor in the mean time, responsion
to the purpose of giving effect to it, without
the intervention of the Defendant's Judicatory.

18
No means of securing
prompt responsion
without Judge's
intervention

Under these circumstances, it seems scarce
possible to secure prompt and effectual responsion,
without the full communication on the subject
with the Judge: a communication not less
full than what would require to be made by the
Pursuer to an Agent on his own. On the part of the
Defendant, suppose what will always be the most
common case, compleat reluctance, the following
are the courses which of course it will take.

19
Defendants probable
course
1 Endeavour to avoid
responsion

I. In the first place, non responsion: viz down
to the last moment, and for the procurement of
toleration, excuse upon excuse, if any are admitted.
True it is, that for securing the correctness
of such excuses, and thence the absence of them,
where no proper excuses have place, punishment
for mendacity, insincerity, on each assertion
will in course be impending: but of such
restraining powers, the efficiency can not in every
case be compleat. For, with a little ingenuity
under circumstances tolerably favourable, excuses,
which, if they came of themselves would be just and
adequate, may be brought into existence.

II. The

Identifier: | JB/052/512/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10-28	Marginal Summary Numbering	17-19
Box	052	Main Headings	constitutional code; procedure code
Folio number	512	Info in main headings field	constitutional code or procedure
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c6
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	17185
Box Contents