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11
Ch. I All-embracing Arrangements Statements
(9 §.2. Enumeration & explanation
1. Cause of probation by applicant and extraneous Evidence holders are
2. the and
3. Counterprobation and Counterevidence
B. v7. ? defence & antecedental and remedy
and — product consequential or vicarious with reference to
product , of the of the or
say Registers . for
Art 33
In so far as the field of
legislation is uncovered
with written or really existing
law no such probation
can properly speaking be
performed — all that can be
done is approximation in
proportion to the Degree
of fixity that can be given
by words to the supposed
law.
In so far as the field of legislation remains uncovered with
with its only legitimate covering, a covering composed of really existing
law — in a word of Statute law no proof such proof can
properly speaking be made: all that can be done towards it, is
in the first place by inform distillation from the existing waste
to produce a gas as suitable as may be for the purpose, and after
a form of words as can be found for it to its
advance and take for granted the assistance that the proportion thus
produced forms part and parcel of a text of an existing portion of
existing law, and to this alledged portion of law to make application
of the alledged fact and the proof produced in support of the
allegation so made.
Art 34
From the original application
or from the initiation of the
Suit down to its termination
may the aggregate mass
of probation continue, as
on the pursuer's side so
on defendant's
To the From the beginning of the suit or other application
down to the termination of it both instances may may continue the
course of the aggregate mass of probation
As on one of the two sides of the suit, to wit the pursuers,
so on the other, to wit the defendants
Art 35
Hence two operations
intimately connected with
probation viz Counterinterrogation
& counterprobation
Hence the two interlocutory operations which on each side of the suit are conclusive. so intimately connected
with probation, that is to say counterevid counterinterrogation
and counterprobation or say in the last case elicitation of counterevidence
Art 36
A mass of evidence having
been elicited by exhibition
or interrogation, by counterinterrogation
or by
counterevidence will be
elicited a mass of evidence
tending to an opposite
are conclusive.
Of A mass of probative allegation having been eli
already elicited whether by spontaneous exhibition or by interrogation
understand by counterinterrogation is will be eliciting from the same source:
Understand by counterevidence unders narrative tending to an opposite a diff or otherwise different countering or say counterpart of statements exhibition
of supposed alledged facts drawn from sources other than the those one drawn
from in the first instance from a party on the adverse side of the suit.
Identifier: | JB/055/035/001 "JB/" can not be assigned to a declared number type with value 55.
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1827-05-10 |
Art 33 - Art 36 |
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055 |
Procedure Code |
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035 |
Procedure Code |
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001 |
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recto |
D11 / E9 |
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