★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Ch. Formularies
§. Defendant's Attendance
requiring Mandate
17
Attendance requiring
Mandate form
§. or Art. Defendant's Attendance-requiring Judges Mandate Blank Form
Brown against White. The Judge to the Defendant For the purpose of the suit those
named, [this is to require you to] attend at the Justice
Chamber on the [ ] day of [ ] at [ ] o'clock
alone, or with an assistant, or by a substitute as you
think fit, there to meet the Pursuer. Witness my hand
Class of suit [ ] Judge
or [ ] Judge Depute
permanent
Herewith is enclosed the Pursuers
Demand paper
Code of the occasion subject — printed in the Mandate
Art.1. If you neither attend, as above, nor is any valid excuse
for non-attendance received from you, you must immediately
be proceeded against as follows in any one or more in the ways following | 1. You yourself will be prehended
and brought to the Justice Chamber there to be examined and
eventually imprisoned.| 2. Of Any moveable property of yours so much will
be seized as will suffer to afford compensation to the pursuer
for loss and vexation occasioned by your non performance
of the services due to him. | 3. So If need be, your any immovable property
you may have — to wit any part or the whole of it & if need
be of your legal rights any article part in the whole will be suspended
or until such compensative has been made.
18
Excuse to be accompanied
with promise of future
attendance
(2)
Art.4. If a valid excuse be received from you, it must
be accompanied with a promise of attendance on a day in
not more than [seven] days distant from the day on which
you should have attended, and no at that time the inability
continues, the excuse must be received by a 2d Excuse paper received
in time, and so by a 3d and so forth.
19
If excuse valid effect
the suspension of
compulsive proceedings
Art. 5 Of this excuse, if valid, and believed by the Judge to be true, the
effect will be the suspending of the several compulsive proceedings
abovementioned: but for all damage that may have incurred
from your non-attendance you will have to make compensation
to the Pursuer, even though you the right should appe be found
to be on your side, and not on his: and although your attendance
should be found to have been impossible: for it is certain that the your
non-attendance can not have been the fault of the Pursuer, and it can
can only seldom, if at all,
be equally certain
that it was not
yours.
Identifier: | JB/056/063/001 "JB/" can not be assigned to a declared number type with value 56.
|
|||
---|---|---|---|
1825-02-06 |
17-19 |
||
056 |
Procedure Code |
||
063 |
Procedure Code Formularies |
||
001 |
|||
Text sheet |
1 |
||
recto |
E1 |
||
18119 |
|||