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Ch. Formularies
4 §. Judge to defendant
Compliance or defence-requiring
Mandate
§. Compliance or Defence-requiring Mandate
with or without an epistolary response-allowing clause.
War
To be added to the Warnings
XIII Warnings against Delay.
To be added in so far as the service demanded is pecuniary
13.1. The time from which the compensation money in
the shape of interest for on the value of the service due
14.\2 2. In part of satisfaction or compensation interest
money on the debt value of the service due by you whether in the
shape of payment of money or in any other shape will be
computed from the day on which such service became
due: not from the day on which the man payment-requiring
decree will have issued, still less from any later
day such as the confirmation of the decree in case of a appeal
Reason
appeal 3. In The substantive Code is an ordinance that no
person shall be suffered to desire to himself an ultimate benefit from his own
wrong, and this pr to this particular provision is necessary to the giving effect to that general
ordinance.
15 4. The rule of interest will have for its minimum
the ordinary rule: and in case of extra profit made
in the way of trade or otherwise by the retention of the
money you will be responsible and accountable for it,
and examined in relation to it.
XIV. Effect of the excuse — suspensive and exemptive
16. 3 1. Of any excuse you may have to make for non-compliance,
non-attendance or non-responsion, as the
case may be, the effect, if the excuse be legitimate in
point of law legitimate, and true in point of fact true, to suspend
the issuing of an execution-requiring decree at
your charge, but it will not exempt you from compensational responsibility
in respect of the damage to the pursuer from delay.
Reasons
delay. 2. For, howsoever blameless you may be, the pursuer is
no less so: that it was not in your power to prevent the your delay
can not be more sure than that it was not in the pursuers power so to
do:
do: by casting upon your
side of the scale the burthen from the delay
there will be some chance of
its being lessened: since
there will be inducements
to lessen it: from casting
it on the pursuers side, no
such chance could have been produced.
Identifier: | JB/056/076/001 "JB/" can not be assigned to a declared number type with value 56.
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1825-05-05 |
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056 |
Procedure Code |
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076 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
C1 / E4 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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18132 |
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