JB/054/039/001

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1824. Decr. 9
Procedure Code
Ch. Nomenclature
§.

3. & 4. Operations instruments. Actors being
dismissed disposed of, under one or other of those two denominations,
with all other preliminaries to means of execution be found comprehended –
all means objects preliminaries which precede and prepare the way for the
ultimate. But amongst those preliminaries to execution will be seen
obstacles as well as causes. Why? – Because it being at
the charge of the defendant that execution if at all will
have place, all endeavours on that side will of course
be directed to the prevention of it.

By an instrument a judicial instrument is understood – understand
on the present occasion nothing but a portion of discourse
committed to writing each instrument the expression of such portion of discourse as on the occasion in question happens to have been expressed in writing. Thence the are respectively designative of the whatsoever operation they are employed in giving birth to: of such discourse and of
any such discourse, as in the course of the process proceeding
comes to be uttered in this form. The discourse will
accordingly experience exhibit a variety of modifications according
to the occasion the purpose and the
sort of person, functionary or non-functionary
whose discourse it is. Of all these several modifications, together with the proportion desirable in them
a view will be given may be seen in all Judicial instruments.

Of the operation that comes to be performed a large
proportion will be seen to be performed by either the composition alone, a by the composition and communication
alone, or by the composition and communication of
some judicial instrument.

One This or that operation may be found seen to be instrumental to the
production of another. But by the circumstance the distinction
between the two objects will not be obliterated: both
will still be operations; neither of them an instrument.

Identifier: | JB/054/039/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1824-12-09	Marginal Summary Numbering	22-24
Box	054	Main Headings	procedure code
Folio number	039	Info in main headings field	extracted from procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	17558
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