JB/057/154/001

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1825. Jany 20 +
Procedure Code

Ch. First Mutual Attendance Intermediate Proceeding
(1 §
§. V11 Proceeding Defence has personally
in of
in default of
attendance in
1 Person to Person
2 Defendant v Defendant
3 Witness or Witnesses
§. Defence has
VI. in case of
Default.

Ch. or §§. Defendant, after accusation received non-attendant

1
Defendant non attendant
after accusation received
Judges options

Art. The Defendants receipt of the accusative
instrument proved and no epistolary excuse for non attendance
received either by epistle or by an attendant proxy for the non-attendance at the Judicature if the Pursuer as a Pursuer attend
accordingly, the Judge has the options following

2
1. To perform the service
demanded

1.. He grants performs the effective services demanded, and to this
end issues the appropriate decrees operative and imperative and
such order as shall be necessary and sufficient for
production of execution and effect.

3
2. To give provisional
execution only

2 Such execution will be provisional and Defensible
only: but at the same time the Judge may by another
order appoint a day on which no sufficient adequate reason
shall have been given received at the Judicature for revoke
or sequence the possession decree, and all possession derived from
it shall be deemed definitive. Name of the appropriate instrument
Definable —execution — notice or warning

4
Considerenda for
Judge

In determining between the whether to issue or not
to issue the order for provisional execution, the Judge will
weigh in his mind the two opposite designs to wit the
danger to the Defendant by of placing in the hands of the pursuer a benefit
which may eventually be found not to belong to him
and the danger of causing to the parties by the pursuer to lose a benefit which
belong: and in so doing he will have regard to what
appears to him the comparative effective responsibility of the
two parties, as between the two parties: endeavouring always
to maximize the improbability of irreparable damage and
thence injustice.

Identifier: | JB/057/154/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1825-01-20	Marginal Summary Numbering	1-4
Box	057	Main Headings	procedure code
Folio number	154	Info in main headings field	procedure code
Image	001	Titles	defendant, accersition received non-attendant
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	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	18484
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