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Inculpative — Offence, Suit, and case, penal and purely public.
be stated, for the purpose of the Judge's determination, whether to call
to comply with the demand, or to contest it.
VI.
Sources of the Evidence looked to in proof of the Collative
fact, alleged as per No. III.
Under this head will not be to be entered
on this paper, anything besides
the sources of the Evidence known or
supposed to be obtainable 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.
VII.
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 affirmance of the non
existence of all such ablative facts
must therefore be exacted, as well as
the affirmance of the existence of a collative
fact, as per No. III. & thence of a right
to the Effective Service, demanded, as per No.I.
In the case of a criminal offence, collative
circumstances will be the several inculpative,
criminative & aggravative circumstances
belonging to the description of the
act: ablative, the several justificative, exemptive
& alleviative circumstances. For
exact lists of all these several sorts of circumstances,
see the Penal Code.
VIII.
Counter-evidence, if any, from what
sources expected. Counter-evidence
is Evidence either in disproof of a
fact which, with reference to the Pursuer's
Demand is a collative fact, as
per No. III., or in proof of a fact
which, with reference to it, is an
ablative fact, as per No. VII.
IX.
Judicial Service demanded.
This will consist in the performance
of all such judicial acts, as
will be necessary to the causing
the Collative portion of Law, as per
No. II. to receive, at the charge of the
Defendant, its execution and effect,
and thereby the Effective Service, as
per No. I. to be rendered.
[+] VII continued
Ablative, with relation to the Pursuer's
title to the Service demanded by
him, these facts will, with relation to the
burthen imposed on the Defendant, by
the obligation of rendering that same
service, be exonerative.
Identifier: | JB/056/039/003 "JB/" can not be assigned to a declared number type with value 56.
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1825-02 |
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056 |
Procedure Code |
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039 |
Procedure Code Ch. VIII |
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003 |
Demand Paper C |
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Plan |
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recto |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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[[notes_public::"March 11 Revised" [note in Bentham's hand]]] |
18095 |
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