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<head>1826. <sic>Sept<hi rend="superscript">r</hi>.</sic> 21.<lb/> Procedure Code</head> <p><note>Ch.</note><lb/>(6 <note>§ Communication<lb/><sic>Prehensors</sic></note></p> <p>Of the want of any regularly organised<lb/>system of communication directed to it's legitimate<lb/> and professed end, one consequence in the<lb/> renewal no otherwise obtainable than by a fresh<lb/> application, of a course of action, directed to the<lb/> purpose of appending information in some shape<lb/> or other to the Defendant, for the purpose of laying<lb/> on him the obligation of taking on his part<lb/> some step or other, frequently on pain of being<lb/> dealt with as if he had abandoned his defence.<lb/> This is called serving him with notice, and the object<lb/> of the application is that on delivery of the<lb/> information at a place therein named — usually<lb/> the office of the Defendant's attorney the information<lb/> shall be deemed to have reached him the<lb/> Defendant. Now if so it be that the place thus<lb/> mentioned is the office of the Defendant's said<lb/> Attorney, this is exactly what would have taken<lb/> place, had no such application been made.<lb/> But, supposing any such general arrangement<lb/> made by a standing order, that, from the commencement<lb/> of a suit to the end, notice to the<lb/>Attorney should be tantamount to notice to his<lb/> Client, these applications, with the swarm of<lb/> fees attached to them, fees — not only to <sic>Attornies</sic><lb/> on both sides, but to Counsel at least on one<lb/>side, together with expense from special messengers<lb/> in some cases would have no place.</p> | <head>1826. <sic>Sept<hi rend="superscript">r</hi>.</sic> 21.<lb/> Procedure Code</head> <p><note>Ch.</note><lb/>(6 <note>§ Communication<lb/><sic>Prehensors</sic></note></p> <p>Of the want of any regularly organised<lb/>system of communication directed to it's legitimate<lb/> and professed end, one consequence in the<lb/> renewal no otherwise obtainable than by a fresh<lb/> application, of a course of action, directed to the<lb/> purpose of appending information in some shape<lb/> or other to the Defendant, for the purpose of laying<lb/> on him the obligation of taking on his part<lb/> some step or other, frequently on pain of being<lb/> dealt with as if he had abandoned his defence.<lb/> This is called serving him with notice, and the object<lb/> of the application is that on delivery of the<lb/> information at a place therein named — usually<lb/> the office of the Defendant's attorney the information<lb/> shall be deemed to have reached him the<lb/> Defendant. Now if so it be that the place thus<lb/> mentioned is the office of the Defendant's said<lb/> Attorney, this is exactly what would have taken<lb/> place, had no such application been made.<lb/> But, supposing any such general arrangement<lb/> made by a standing order, that, from the commencement<lb/> of a suit to the end, notice to the<lb/>Attorney should be tantamount to notice to his<lb/> Client, these applications, with the swarm of<lb/> fees attached to them, fees — not only to <sic>Attornies</sic><lb/> on both sides, but to Counsel at least on one<lb/>side, together with expense from special messengers<lb/> in some cases would have no place.</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. Septr. 21.
Procedure Code
Ch.
(6 § Communication
Prehensors
Of the want of any regularly organised
system of communication directed to it's legitimate
and professed end, one consequence in the
renewal no otherwise obtainable than by a fresh
application, of a course of action, directed to the
purpose of appending information in some shape
or other to the Defendant, for the purpose of laying
on him the obligation of taking on his part
some step or other, frequently on pain of being
dealt with as if he had abandoned his defence.
This is called serving him with notice, and the object
of the application is that on delivery of the
information at a place therein named — usually
the office of the Defendant's attorney the information
shall be deemed to have reached him the
Defendant. Now if so it be that the place thus
mentioned is the office of the Defendant's said
Attorney, this is exactly what would have taken
place, had no such application been made.
But, supposing any such general arrangement
made by a standing order, that, from the commencement
of a suit to the end, notice to the
Attorney should be tantamount to notice to his
Client, these applications, with the swarm of
fees attached to them, fees — not only to Attornies
on both sides, but to Counsel at least on one
side, together with expense from special messengers
in some cases would have no place.
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j whatman turkey mill 1826 |
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admiral pavel chichagov |
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