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2
Pt III Proceedings casual
1 Ch. III. Sponsorship
§.2. Stage of the Suit
§.2. Stage of the Suit
1
Sponsorship may be at
any time
Enactive
Art. 1. Sponsorship may have place at any stage
of the suit from the earliest to the latest
2
So at initiatory application
Enactive
Art. 2. It may accordingly have place on the
occasion of the initiatory application
3
Object two fold 1. security
against vexation
2 dismissal of application
Art. 3 On this occasion it has for its object the
exclusion of two evils one or other of which might otherwise
have place. One is, subjection of a proposed defendant
to undue vexation by his being instructed charged
with the burthen burthensome alternative of compliance with the or contestative
of the demand made by the proposed pursuer:
the other is — the dismissal of the application: an
operation which might otherwise be performed in consideration
of the abovementioned vexation to the
proposed defendant
4
Party primarily served
the proposed pursuer
Expositive.
Art. 4. On the this occasion the party primarily
served benefitted is the proposed pursuer: for, but for this
service benefit the service benefit which by the legislator is intended
for him would might by the Judge be denied.
5
This Security but one of
divers securities against
unjust vexation
Art. 5. The security thus afforded to a proposed
Defendant against vexation at the hands of a proposed
Pursuer is but one of divers securities of which
on every occasion on which by the Judge a security is
regarded as necessary that which is or the aggregate of those
which are if this regarded as sufficient the least burthensome
will be preferred. As to this See Part. I. Ch III Judicial Applications.
Identifier: | JB/052/530/001 "JB/" can not be assigned to a declared number type with value 52.
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