JB/056/038/003

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1825. Feby. March 11. Revised B
Procedure Code Ch. VIII.

criminative. — Heads, under which the matter of a Pursuer's Demand is to
call upon any person in the character of a proposed Defendant, ( ) to

V.

Collative fact alledged
This will be the committal of an
individual act of the sort of some one
of those in No. III mentioned.

VI.

Co-demandant or Co-demandants, if
any, and proposed Defendant or Defendants:
those persons to wit who,
by the Pursuer, are looked to in these
several capacities; with their several
descriptions as per No. I: also, the means
of intercourse with them respectively,
as far as known or believed, as per No. II.

VII.

Sources of the Evidence looked to in proof of the
Collative fact, alledged as per No. V.
Under this head will not be to be entered
on this paper, anything besides the sources
of the evidence known or supposed to be
attainable to wit, such persons, together
with such writings, & such other things
if any, as the Pursuer looks to in that character,
for support to his demand. The evidence
itself will remain to be elicited,
at the hearing, from those it's several sources.

VIII.

Ablative facts negatived.
Of any adequate ablative fact, the effect
will be in every case, to take away any
right conferred by a collative fact. The
assurance of the non existence of all
such ablative facts must therefore be exacted,
as well as the assurance of the non existence of all
such ablative facts, must therefore be exacted,
as well as the assurance of the
existence of a Collative fact as per No. V.
& thence of a right to the effective Service
demanded, as per No. III.

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IX.

Counter-evidence, if any, from what
sources expected.
Counterevidence is Evidence either
in disproof of a fact which, with reference
to the Pursuer's demand, is
a Collative fact, as per No. V.:- or
in proof of a fact which, with reference
to it, is an ablative fact, as
per No. VIII.

X.

Counter-demand, whether any, &
if any what, according to the knowledge
or belief of the Pursuer, declared:
Counterdemand, to wit a
demand, on the part of a proposed
Defendant, at the charge of the
now Pursuer. Any such counterdemand,
if just, will, according to
its value, as compared with the value of the corresponding effective
Service, as per No. III, take away the
Pursuer's right to the Effective it.,
Service, as per No. III. But it will
not afford, as an ablative fact would,
a ground for the dismissal of the Demand;
only for doing away, or lessening
the amount of any preliminary security
which might be needful for securing
execution to the collative Law, as per
No. IV. & thence to the Pursuer the benefit
of the Effective Service.

XI.

Judicial Service demanded
This will consist in the performance
of all such Judicial acts, as will be
necessary to the causing the Effective
Service, as per No. III. to be rendered.

Identifier: | JB/056/038/003 "JB/" can not be assigned to a declared number type with value 56.
Date_1	1825-02	Marginal Summary Numbering
Box	056	Main Headings	Procedure Code
Folio number	038	Info in main headings field	Procedure Code Ch. VIII
Image	003	Titles	Demand Paper B
Category	Plan	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals		Paper Producer	Jonathan Blenman
Corrections	Jeremy Bentham	Paper Produced in Year	1824
Notes public	[[notes_public::"March 11 Revised" [note in Bentham's hand]]]	ID Number	18094
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