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Ch. VIII.
§.
Notes to Demand Paper B
(b) [Effective Service]. Warning against excess
in the quantity or value of the effective Service demanded.]
1. Whatsoever, in a case of this sort, be the subject
matter of the demand. in will be in the joint care of
the Pursuer and the Judge, so to adjust the description
given of it, that in case of non-compliance, non
attendance and non responsion on the part of the
Defendant, execution given to an execution-ordering
mandate, issued by the Judge, may, without other
description than what is so agreed upon, suffice to
put the pursuer no possession of it. If for want of
sufficient information respecting the facts belonging
to the case, the Pursuer can not taken upon him to fix
the amount, let him write in the appropriate space
the words "not yet ascertainable, remains to be
"ascertained from the evidence."
2. If although the demand be, in respect of the
collative fact, well grounded: & the amount of the
subject matter demanded is, in respect of quantity
an assigned value manifestly excessive, the Pursuer
will be to be fined compensationably and punitionably responsible in consideration of and
ascending to the amount of the excess: it the demand being to
this amount ungrounded, and having, if levied the the exaction of the Service
having the effect of oppression and extortion.
3. By apt appropriate interrogatories, it will be the care of the Judge,
to bring the statement respecting quantity and value, to such
a degree of correctness, as may warrant his giving possession
to the demandant, in the event of non compliance on
the part of the Defendant, after an attendance-ordering appropriate
mandate received by him.
4. From
Identifier: | JB/056/045/001 "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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045 |
Procedure Code |
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001 |
Notes to Demand Paper B |
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Copy/fair copy sheet |
1 |
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recto |
D4 / E2 |
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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 12 Revised" [note in Bentham's hand]]] |
18101 |
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