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D 14 1
Ch. IX principle
(1 §. 1. Considerenda: is
§. Attendance his pretend
Rights here pretended? First Enactive Instructional
§ 3. Course to be pursued for procuring attendance
Art. 1 Of these different modes of securing attendance the Judge
will in each individual instance employ that one or those
the employment of which stands is in his view of the matter
in the highest degree conducive to the ends of justice, direct
and collateral considered together: in the way
hard features of execution and effect to the law to the prejudice injury
of the pursuers side, on the other hand delay vexation and
expence to the prejudice of both sides
Art. 2 Accordingly, if no apprehension danger of migrating
absences as of substraction of comparative equity
property on the part of the defendant appears to have
plain simple accusative costs as being of all courses the most burthensome to the defendant be employed in preference to
any other course.
Art. 3. Should that not be decreed sufficient, exempting
excepted, he will employ prehension of subject matters of properly
moveable or immoveable, or of rights to keeping
substraction to an inadequate value forthcoming to
corporal prehension of the body:
8
Means of
is
Rights, the Judge
will prehend only
in so far as needed
Not all in the house.
and in each instance instead far from
of taking the whole in the house, and without adjustment to the
nature of the thing in demand he it will be his case not
to take any more than what may appear to afford a
sufficient security, for it being of equal in value to that subject
matter of the demand with the addition of an equivalent to
delay vexation and expense on the pursuer's sides
9
If taking this for
true, the added ground
of defence nor insufficient
the Judge will
therefore produce the
definite on
this Enquiry
Identifier: | JB/057/156/001 "JB/" can not be assigned to a declared number type with value 57.
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jeremy bentham |
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