JB/057/113/001

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6 Aug 1805 1

Procedure

Procedure Removal
Conditions

(1 Conditions

1
Conditions to removal

1. Judgment below
if in favour of plaintiff
executed provisionally
on security for eventual
restitutio ad integrum
redintegration

2. Except in case of
degree of irreparable damage
on security by
defendant for submission to eventual
execution

3 So if in favour of
defendant

4. Appellant to advance
Defendants share of costs
of

5. Budget of evidence
to be removed as
well as of minutes
of procedure.

Ch. or §§. Conditions of Appeal. Removal

To prevent the faculty of appeal being employed by mala
fide suitors in the character of an instrument of delay and or
vexation the following conditions appear present themselves at once necessary and
sufficient.

1. That the judgment of the Court below if in favour of the Plff should be executed notwithstanding
the appeal, on sufficient security given by the Plff for restitutio
ad integrum

2. Except in case or irreparable damage, in which case on
condition that in this case the defendant fund security against
irreparable damage liable to be done on his part, viz: whether
by destruction or deterioration of or evading of forthcomingness or
justiciability on the part of things or persons according to the
nature of the case.

Instance Virginia's case

3. That the appellant not only bear his own costs, but advance
(by deposit in Court) paying from time to time into a sum sufficient to defray the
reasonable costs of the party on the other side: reserving power reserved to the
Judge a quo, in case of relative indigence on the part of
the Appellant, to excuse him from the obligation of defraying the costs
of the adversary as above.

here follow the reasons for this condition

4. Of the whole budget of the documents on which the decision of
the limit a quo Tribunal a quo was grounded, an exact transcript ought to be
transmitted to the Tribunal Court above ad quod

This of course supposes the evidence as well as the incidents of
procedure to be committed to writing in the Court below, as on that
occasion proposed.

5. If in case of a pecuniary claim, if the judgment being below having been in favour
of the plaintiff, the defendant decision on the appeal is given against
the appellant (the defendant) the defendant ought to be subjected to the
payment of interest, at a rate somewhat superior to the ordinary rate and
answer to the obligation of making good to the appellant any casual damage
that may have befallen him by reason of the
delay.

Identifier: | JB/057/113/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1805-08-06	Marginal Summary Numbering	1
Box	057	Main Headings	evidence; procedure code
Folio number	113	Info in main headings field	procedure
Image	001	Titles	conditions of /appeal / removal/
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18443
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