JB/057/157/001

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1825 Feby
Procedure Code

2
Ch. IX Ultim Intermediate proceedings
(2 §. 3 Courses to be pursued
for securing attendance

10
In securing attendance
Judge never to use right
of ultimate ends of
justice with reference
to the particular case

Art. On the occasion of the measures taken for
securing attendance or eventual forthcomingness on the part of his property on the part of a defendant [as a
witness] he will never lose sight of the ultimate purpose
with reference to which alone the securing of attendance
on a particular occasion can be of use, to wit the
securing execution and effect to such portion of the law
as applies to the individual case: where for example the subject matter of claim
is limited to the sum
of £10 he will not in the
first instance subject a person in the character of defendant
or proposed witness to a loss of £100, to no other end
than the saving another person in the character of pursuer
from a loss not exceeding £10

11
In ordering Defendants
prehension Judge to
take into consideration
Pursuers compensational
responsibility

Art. In all cases but more
particularly in the case of corporal prehension, in a
case in which from the nature of the individual case extraordinary
damage may be the result of the execution given to
an order to that effect, he will consider the include in his take into
consideration the [pecuniary] compensational responsibility of the person to
the purpose of compensation.

On the occasion of the estimate formed by him
of the damage in every shape which the execution of a corporal
prehension order might bring upon the defendant or witness
he will form having formed as a calculation as correct as
is in his power of the probable amount of it, he will set himself consider
to consider and make enquiries whether in the event of the new suits being
groundless, the pursuer is in a condition to afford adequate
compensation for such damage: especially should if
there be reason to apprehend that the subjecting the defendant
to such damage was the motive, or among the motives
by which the suit was produced. It will accordingly
be his case that no such extra damage be produced on the one defendants side or
without
without correspondent
and adequate response
on the Pursuers
side. For the forms of
extent the Pursuers vispers behalf is susceptible. see Ch. §§ .

Identifier: | JB/057/157/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1825-02	Marginal Summary Numbering	10-11
Box	057	Main Headings	procedure code
Folio number	157	Info in main headings field	procedure code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
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	18487
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