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1
Ch. IX
(1 §.4. Countersecurity
Species employable
§.4. Countersecurity — Species or shapes employable.
1
Art. 1. Countersecurity
is security, for the Defendant,
against oppression,
designed or undesigned,
producible at the instance
or on behalf of the Pursuer,
by the exaction
of preliminary security
for the rendition of the
services demanded by
the Pursuer as above.
Art. 1 Of the species of countersecurity which
the nature of the case admitts of, examples are the following, [Among
them all the Judge will have to take his choice. Any two
or more of them may be added employed together.]
The A general countersecurity is constituted by the
1. Responsibility of the person satisfactional and punitional of
the pursuer in case of falshood. This has place at any rate.
2
Art. 2. It is constituted
by, and is in proportion
to, the responsibility.
satisfactional and punitional,
eventually imposed on the
Pursuer: to wit in cases
of oppression as above:
particularly if falshood
be employed in the production
of it.
Art. 2. Considered with relation to time Specific countersecurity is either actual
or eventual or eventual: actual or say actually imposed; eventual or say eventually
imposable Considered in respect of with reference to the person at whose
charge it is afforded, it is either original or collateral:
collateral or say sympathetic: original or say originally seated;
collateral, or say collaterally seated.
The case in which it is actual is the case where in which
the best as soon as the security is afforded the correspondent burthen
is actually imposed, borne and felt.
3
Art. 3. Considered as
to the person on whom
imposed, it is either direct
or collateral, direct as directly seated; or collateral
collaterally seated; directly
in so far as imposed on
the Pursuer alone; collaterally,
in so far as imposed
on a person other
than the pursuer: imposed
on a Pursuer's Bondsman
of the pursuer whose consent
to be subjected to
the burthen has been
procured by some
use of
self-regarding or sympathetic
interest.
Art. 3. Of the species of shapes in which actual
security may be is capable of being afforded and have place, examples
are the following as follows
1. Impigneration pecuniary — deposit of a sum of money,
in the hands under the charge of the Registrar.
2. Impigneration as to things moveable of
value : for example gold bullion or precious stones also
in the hands under the charge of the Registrar.
3. Impigneration of things moveable of ordinary value: for
example of farmers stock in trade of in all shapes: in
the hands of some special trustee, located by the Judge.
4. Impigneration of any immoveable subject matter of
property: also in the hands of some special trustees, located
by the Judge. In these three cases it may be termed quasi pecuniary
5. Impigneration of miscellaneous and detached rights in this or that particular
shape in two or more or in all shapes taken together. as per Ch. §.2. Preliminary Security. These are already
in the hands and powers of the Judge.
6. Local imprisonment Incarceration of the party for safe custody
7. Quasi-incarceration: confinement by boundaries not physical but imaginary
only as and prescribed by mandate.
4
Art. 4. Considered as to time
it the burthen of is either actual — in so
far as the burthen of it being is
actually imposed;
or eventual, the
burthen being in so far as
the burthen is only made
eventually imposable
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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