★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Decr 1806
Scotch Reform To Ld Grenville
Next, my Lord, I observe a of Resolution, (No 5th)
on the subject of Pleading – "In all causes" (whether
originally
"brought before the Lord Ordinary, or before the Chambers as
"Inner House causes) the Defender shall, in his defence, distinctly
"admitt or deny all relevant facts alledged in the Summons
"or other Writ by which the cause is brought into
Court."
In the reading the perusal of this clause, unless otherwise explained by ulterior verbal
communication, Your Lordship will naturally have placed
it along with the rest upon the list of innovations. If so
Your Lordship may possibly perhaps share in the surprize with which
I even shrink on reading, a clause in an unrepealedAct of Siderunt
11 August 1787 §. 5) in these words – "When the Defendant receives the Summons,
"he shall therewith return upon a separate paper,
"the facts he is to insist upon, and explicitly admitting or
"denying the several facts set forth in the pursuer's libel.
How then is Summons alone or other Writ is the word employed in the
Resolution: in the Act of Siderunt, Summons at the outset,
libel at the close of the sentence. The libel is it the
same Writ with the Summons, though under another name?
is it a different Writ?† ☞† The libel is included in the Summons – See Bill Be it The same or different, to the present
purpose it makes no difference: for if they be different, when
the case comes to be returned, the other, inasmuch as it has been is at that
same time to be answered, must already have been received.
Identifier: | JB/091/074/001 "JB/" can not be assigned to a declared number type with value 91.
|
|||
---|---|---|---|
1806-12 |
1-2 |
||
091 |
scotch reform |
||
074 |
scotch reform to ld grenville |
||
001 |
|||
text sheet |
1 |
||
recto |
c1 / e1 |
||
jeremy bentham |
iping 1804 |
||
bernardino rivadavia |
|||
1804 |
|||
29070 |
|||