JB/052/542/001

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1825. March 3
Procedure Code

Ch.
(2) (3) §. Countersecurity against
oppression

Considerenda as to
the afflictiveness

4
Countersecurity considerations
on which
its afflictiveness to be
governed

Art In the case of the security counter security [against judicial oppression]
in favour of a defendant, the following are the circumstances by
which the magnitude of the provisional or eventual burthen
to be imposed on the pursuer for this purpose will require to
be governed.

1 Magnitude of secure
security required of
Defendant

1. The magnitude of the burthen imposed on the defendant
by the direct security — the security for execution.

2 Effective responsibility
of Pursuer

2. The effective responsibility of the pursuer satisfaction and
punishment of the pursuer as far as can be collected inferred from the his
or her condition in life and pecuniary circumstances, in so far
as already notorious is known or by examination and inquiry
directed to this purpose object on the occasion in question ascertainable
and ascertained.

5
Pursuers more than
one — as many means
of countersecurity

Art. Consequently, when, on the pursuers side
there are parties more than one as many different means
of sec counter security if circumstances require may be employed as there are
parties on that side.

6
No countersecurity
where Govt Advocate is
Pursuer

Art. In a punishment requiring purely public
case the public functionary pursuing on account of the state — the
Government Advocate being sole pursuer no means of countersecurity
can be required.

7
In publico private
satisfactional suits
countersecurity may
be requisite

Art. In the case of a punishment requiring private
publico-private case, as well as in a the case where the
object service demanded is satisfaction making without punishment means of countersecurity
again at the charge of the private pursuer may be requisite.

Identifier: | JB/052/542/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-03-03	Marginal Summary Numbering	4-7
Box	052	Main Headings	procedure code
Folio number	542	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 or c3
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17215
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