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II
Ch. Procedure in general
(2 §.1
6
Necessary both to probation
and execution
is appropriate forthcomingness:
(of some person or thing.)
To such probation as well as to such execution, forthcomingness,
— appropriate forthcomingness — on the part of a certain object is necessary: the forthcomingness
thus necessary is therefore accordingly utter forthcomingness for
the purpose of probation or forthcomingness for the purpose of
execution
7
Forthcomingness for eventual execution
is so in the first
place for justiciability
or responsibility.
8
Responsibility is
1. Compensational:
2. punitional
Forthcomingness for the purpose of execution may also
be termed forthcomingness for the purpose of justiciability or
responsibility: responsibility is either compensational, or
punishment
In French law, persons in so
far as subject to the authority
of a Judge are his
justiciables.
In the language of English law no such word as
justiciability The object of which as yet has place. In the language of French law
all such persons as on any occasion subject to the authority to the imperative
decrees of a Judge, are
termed his justiciables.
9
Not adequately synonymous
to justiciables is suitors:
justiciables includes
potentiality: suitors is
confined to certainty.
Correspondent in signification
to this word in
the French law there is
now in that of the English law
affords none. Consider this law See By the
word suitors are designated
person on whom the
authority of the Judge
in question is actually
exercised/in exercise, but it extends
not to those over whom
without being actually
it is capable of being put
in exercise/exercised.
10
Object of which the forthcomingness
is necessary is
either a person or a
thing.
The object the forthcomingness of which is necessary
may be, and must be either a person or a thing.
11
Included in the idea
purpose and idea of forthcomingness
are means of communication:
viz. between the person
or thing which is to be forthcoming, and the person to whom they are to be forthcoming.
When When it is Person or thing The parties Included in the purpose for
which forthcomingness is necessary as in the case of a
person so in the case of a thing may be probation or execution
will be the means of communication: of communication
between the person the functionary in authority by whom the
decree is to be pronounced and execution given to it, on the
one hand, and the parties on both sides on the other:
the party to whom on the persons side the service ordered to be rendered done
which by the imperative decree is ordered to be rendered
and by the execution given to it as actually rendered
and the party on the defendants side at whose expence charge
it is rendered: the party by the whose felicity comforts by will
thereby generally speaking be diminished thereby more
or less diminished.
of both objects to all those principles obstacles will have place: Obstacles natural and factitious: factitious, naturally on the part of him at whose expence the service
which he would not voluntarily render will be to be rendered.
When on the part of the party on the Defendant's
side the rendering the requested service is matter of
contestation his mind being in relation to the rendering it
being in a state of repugnance and opposition obstacles
to execution will of course be starting up and offering themselves: obstacles to execution and therefore in respect of so far as it is
its being a necessary means of execution, to communication.
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Identifier: | JB/055/002/001 "JB/" can not be assigned to a declared number type with value 55.
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1823-11-13 |
6-11 |
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055 |
Constitutional Code; Procedure Code |
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002 |
Constitutional Code or Procedure |
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001 |
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Text sheet |
1 |
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recto |
E2 |
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17723 |
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