JB/057/137/001

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1826. Augt. 22 + Book II 1
Procedure Code

|Ch. 1 Matter common to all
Suits

§. Execution probative
communication
1

Ch.
Matter common to all suits

1 Relation between execution, probation and communication

1
Execution last in act
but first in design

1. Execution is last in act, but first in design
It relates supposes the existence of and bears necessary influence
to a correspondent arrangement of substantive law

2
Of every demand
execution the object

Of every individual demand the object is to obtain
in the execution of the law
cause in the individual case in question execution add and to be
given and thereby or otherwise effect to be given to some
determinate arrangement — commonly a general arrangement — of substantive
law; be obtained at the hands of the Judge

3
But Judge will not
give effect to the means
of execution unless
satisfied of the existence
of a certain set of facts
bring the case within
the genus of facts cases in which
provided execution is
provided for by substantive
law

But the J to any such demand the Judge will
not give effect or for the purpose of effect execution in the individual
instance in question execution to the alledged general
arrangement of substantive law — for he will not be warranted
in so doing — unless he is satisfied that a set of
facts are or have been in existence, such as to have brought
the individual case in question within the genuses of facts
which in the general arrangement of substantive law are
indicated spoken of as being such that the existence of in requisite
time and place of a fact or set of facts included in
that genus has had place in such sort that they constitute
in favour of the demandant an efficient cause of right
or title authorizing the Judge to render the service demanded
at his hand by the demand

By It is by bringing to the view of the Judge such full
say evidentiary or probative facts) as have the effect of satisfying the
Judge of producing in his mind an opinion in sure judgment that
a
certain individual fact or set of facts
belonging to that
genus have had in time
and place requisite
had place, that
the honest probation has been performed.

Identifier: | JB/057/137/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1826-08-21	Marginal Summary Numbering	1-4
Box	057	Main Headings	procedure code
Folio number	137	Info in main headings field	[[info_in_main_headings_field::procedure code book i[?]]]
Image	001	Titles	ch. / matter common to all suits / relation between execution, probation and communication
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	18467
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