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1824 Decr. 7
Procedure CodeCh. Means of execution
§. 4. immediate and preparatory – of execution definitive and eventual
§. 3. Means of execution – immediate and preparatory definitive and eventual
immediate means of definitive execution, immediate means of
eventual execution.
Art. 1. By the immediate understand that which in
each instance are necessary to the giving effect to the individual
desire to
Means of execution? means of executing
what? Answer in every instance some particular individual
decree – imperative some decree issued by the Judge, and
As often therefore as the word execution is mentioned that of the sort distinguished by the appellation of imperative: as per Const. Code Ch. XI Judiciary collectively. §
In Of the idea attached to the word execution a necessary
groundwork is that the idea of some decree to which execution
is to be given: where as often as execution is mentioned so often
should the idea of the particular individual decree with relation to
which it bears relation be called to mind.
By immediate means of execution understand
therefore accordingly all those which come to be employed
at a time subsequent to that of the issuing of the imperative
decree the execution of which is contemplated in contemplation:
by preparatory all those which come to be employed
at any time antecedent to the issuing of it.
But what is continually liable to happen
is – that unless at the very commencement of the suit means
are employed for security the application of those same
immediate means in case the divorce prayed for by the suit should
be issued, such execution would will be impossible, the decree
fruitless and the whole suit from the commencement unless, if
the object of a suit be to subject a man to imprisonment in the
way of punishment for a crime, you must imprison him at the very
commencement of the suit, or no chance will you have for imprisoning him
at the end of it: if you object be to restore to the right some goods
that have been stolen
from him by the defendant
you must lay hold of
them at the very commencement
of the suit, or no
chance will you have for laying hold of them at the end of it.
Identifier: | JB/054/068/001 "JB/" can not be assigned to a declared number type with value 54.
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1824-12-07 |
100-102 |
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054 |
procedure code |
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068 |
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001 |
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c27 / c3 / e1 |
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jeremy bentham |
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17587 |
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