JB/057/008/004

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4

Inter Differentes or Arrest

21 or 8
Examples
where it may
be plainly unnecessary

Examples of cases where such apprehension for
the purpose of examination without warning may
appear to be manifestly unnecessary

1. Where the object in demand is a mere sum
of money or thing not possessed of a value of affection
and the value of it bears bearing a small proportion to
the defendants known means of living, and the
point of in dispute is known to be a point of law
or a point of fact respecting of which the Defendant
is known to have no cognizance, and respecting which he
is known to have no evidence is his possession, or
none which he can be unwilling to produce; and

22 or 9
The Judge in
case of doubt
to lean in favour
of the process

The Judge ought in case of doubt rather to
incline to grant the compulsive process, especially
if it be required by the Pursuer, since the inconvenience
to the defendant in an event must generally be very
inconsiderable, and that to the Pursuers in the opposite
event may be very considerable, amounting
to nothing less than the loss frustration of his just demand. a just cause

23 or 10
It reflects no
dishonouring

A compulsive proof of this kind reflects no
dishonour on him who is the subject of it, since
the ground of suspicion may result be rather from the
suspicion may be grounded not upon a merely upon
the circumstances he is placed in, without any knowledge
or opinion relative to his character so much as
respecting his character

Identifier: | JB/057/008/004 "JB/" can not be assigned to a declared number type with value 57.
Date_1		Marginal Summary Numbering	14 or 1 - 23 or 10
Box	057	Main Headings	procedure code
Folio number	008	Info in main headings field
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	d1 / d2 / d3 / d4
Penner	jeremy bentham	Watermarks	[[watermarks::l munn [britannia with shield emblem]]]
Marginals	jeremy bentham	Paper Producer	benjamin constant
Corrections		Paper Produced in Year
Notes public		ID Number	18338
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