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1824. Decr. 3.
Procedure Code
Ch. Means of execution Nomenclature Classification
§.
Communication. Of this word the import is as this
or by any word, added or substituted to it, it could be rendered made.
Communication be the act of any and of the of
the drama as to any other. It may accordingly be from
pursuer to Judge, from Judge to pursuer, from Judge to Defendant
from pursuer to defendant and so on.
But communication is in a more especial manner it is
the act of the judicial a judicial functionary as mostly found of the ministerial
class, the act of one such functionary to a party on one
side or other, or be to a witness on one
side or another, or to another judicial functionary, magistrate
or ministerial as the case may be.
Of the several objects requiring to be considered in relation to
communication for judicial purpose, a one may be seen below in [ ].
If, as they really are, both probation and communication
be necessary to produce give existence and warrant
to execution, means of whatever means i.e. operations
and instruments are means either of probation or of communication
are means of execution likewise. But it
is only in a preparatory way that either means of probation
or means of execu communication are means of
execution. Here then with regard to means of
comes a division or distinction into definitive means and ultimate means preparatory: means of probation
and means of communication with relation to execution both of them being both preparatory
means.
As that distinction applies to the definitive decree by
the execution of which the suit is closed so does it to every thing
intermediate below that and the first or initiatory decree: it
therefore applies to all of them taken in the aggregate. Applied
therefore to the part of the contents of the aggregate called a
suit it is exhaustive.
Identifier: | JB/054/029/001 "JB/" can not be assigned to a declared number type with value 54.
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1824-12-07 |
117-120 |
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029 |
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001 |
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jeremy bentham |
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