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30 May 1804 Procedure 7


Ch. Justiciability

12 18
Definition between justiciability
and appearance
errum judici.
Justiciability of the
defendant is always
necessary to plff
in a claim of property
appearance of deft
errum judici is not
of no use to plff
if the property be forthcoming
to him
e contra, in that case
the appearance of the
deft is of use to Deft
himself: viz to
defe enable him to
extricate the property
from the hold taken
of it by plff

An object that requires to be distinguished from justiciability
is personal appearance — viz underlined errum judici — in the presence
of the Judge. By justiciability on the part of the Defendant,
the interest of the plaintiff — to the extent of the defendants powers
of compliance, (passive alone or passive and active according to the
occasion) the interest of the plaintiff will be provided for, and but
by nothing else by nothing short of it. In all cases therefore it is the interest of the
plaintiff that the defendant be justiciable: and so far as
he understands and pursues his interest, his exertions in pursuit endeavours to that end
of that object may be to be depended upon. But as to
personal appearance on the part of the defendant, the case may
be very different. If the object of the plaintiff obtaining possession of property as yet at the
expenses of the defendant in possession of the defendant be the object of the plaintiff, it is in
respect of that property property only alone that the justiciability of the defendant
will be an object with him: so as the property be forthcoming
and forthcoming for this such his purpose, if the forthcomingness and personal appearance of the defendant
will afford to the plaintiff to no advantage. In this case On the contrary it
is the interest of the defendant and of him alone that he himself should be personally
forthcoming: it is he and he alone that has an interest in
finding himself in the presence of the Judge. — Why? — that by
defending himself against the allegations of the plaintiff, he
may remove the purpose of that vexation — if these vexatious measures
whereby the property that was in his own possession or power is taken out
of his possession or power, or p and put transferred or in a way to be sent
into the possession or power of his adversary — the plaintiff.

Identifier: | JB/057/074/001
"JB/" can not be assigned to a declared number type with value 57.



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