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Ch. Execution Procedure
§.
Execution 1. Collative } 1 Singly collect
2 } 2 + Distributive
Property 1. compleat integral 2. incompleat or fractional
Collative]C Imperative
1. }
as to }2 transfer {consensual
{3 3
Right by {1 occupation of the individual the
of { 2. of species of things: 1. Copyright 2. rights
Execution
§.
1
Execution what
Art. 1. By execution operation understand that operation of the Legislation,
and through under the Legislator, if the Judge, by which effect on each individual occasion is given
or endeavoured to give to the desire to the design expressed by the
Legislature as expressed by some Article or Articles on the
that branch of the Cost
2
By execution effect
given to a right as expressed
by a demand
By execution that [and ] effect is some
assignation being given to some assignable right to some right
as expressed by some demand: by a demand made by some party
in of the appropriate service at the hands to be rendered at the charge of some
3
Of Execution the object
giving effect to a
judicial decree
Execution has for its object the giving appropriate effect
to the several all such ind alternate imperative judiciary decrees as
in the several individual cases shall have been issued and
thereby to give effect to as the case may require on each occasion to the or say present
or to the defence.
4
Execution different
according to the nature
of the suit
Execution takes a different and indeed opposite though
correspondent character according to the nature of the application:
and in particular where it gives rise to a suit according to the nature of the suit: and in this
case according as the benefit it is to the de pursuer's to
defendant's side that the benefit of it accrues
5
Case 1 Suit simply
demandative — Right
conferred collative or
distributive
Case 1. Suit purely demandative — not inculpative
operation by which execution is progressed in favour of the pursuers
collateral, article, to wit of the right demanded by the
pursuer and his demanded. The party or parties on whom
this right is conferred was either one or many: if one when only
the operation is simply collative: if more these are distributive.
Identifier: | JB/056/007/001 "JB/" can not be assigned to a declared number type with value 56.
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1827-09-05 |
1-5 |
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056 |
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007 |
Procedure or Law Amendment |
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001 |
Execution |
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recto |
D1 / E1 |
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18063 |
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