JB/052/395/001

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1825. Feby 19.
Procedure Code.

C. March 11 This copy> original not the copy revised

Demand paper C. The demand inculcative or not, but not criminative either criminative or inculcative. Offence, Suits
and cases penal and purely public. Heads, under which the matter of a Pursuer's demand is so to be stated,
for the purpose of the Judge's determination, whether to call upon
any person, in the character of a Proposed Defendant, to comply
with the Demand, or to contest it.

1. Effective Service
demanded. This is
the service which in
the event of his being
proved guilty will be
rendered to the public
by the Defendant being
subjected to the
punishment incurred
by the collative fact No
III in virtue of the Collative
Law 74 II.

II. Collative portion of Law relied
on. This will be
the portion by which
the character of the offence
is given to a sort of
Act in which the individual
all charged upon
the proposed defendant be constituting<lb/.the correspondent
collative fact is comprehended.
The It is termed
collative, in respect of its
being regarded as conferring
on the Pursuer in benefit
of the public the
right to the Effective service
demanded as per No</sic< III.

III. Collative fact <sic>alledged
This will be an individual
Act charged upon
the Def proposed Defendant
as comprehended
in one of the sorts of acts
to which the character of
offences is given by
the Collative Law No
II.

Collative with relation to the
Pursuers title to demand
the
the Effective service, as above
demanded by him, it will<lb?>with relation to the burthen imposed upon the Defendant
by the obligation of rendering
that same service to one return.

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IV. Proposed Defendant or Defendants:<lb/.with their several
descriptions, as far
As known or believed;
together with the means
of intercourse with them
respectively in the purpose of the suit,
under the several heads
following —
1. See

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VI. Sources of the Evidence looked to
in proof of the Collative
fact, alledged as per No III.
Under the head will not
be on this
any thing besides
the Services
of the evidence, known<lb?>or supposed to be obtainable:
to wit such
persons, together with
such writings and
such other things, if
any, as the Pursuer
looks to in that character,
for support
in his Demand. The<lb/.Evidence itself will
remain to be elicited,
at the hearing, from
those its several
sources.

VII. Ablative facts negatived.
Of any adequate ablative fact the
effect will be, in every
case to take away
any right conferred
by an collative fact;
The affirmance of the
non-existence of all
such ablative facts<lb?>must therefore be exacted,<lb?>As well as the
affirmance of the existence
of a right to collative fact
as per No III and thence of a right
to the Effective Service demanded,
as per No I. [+]
Ablative
[+]Ablative, with relation to
the title to the service
demanded by him,
those facts willbe</del with relation
to the burthen imposed
on the defendant by
the obligation of rendering
that same service, be
exonerative.
[+]2

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[+]2 In the case of a
criminal Offence, Collative
circumstances
will be all the several inculpative,</sic.
criminative
and aggravative circumstances belonging
to the description of the
act: ablative, the several <sic>justificative,
exemptive and allivative
circumstances.
For exact
lists of all these several
sorts of circumstances
see the Penal; Code.

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VIII. Counter-evidence
if any, from what
sources expected. Counter-evidence
is Evidence
either in disproof of a
fact which with reference
of to the Pursuers Demand
is a Collative fact as
per No III, or in proof
of a fact which, with reference
to it is an Ablative
fact, as per No VII.

IX> Judicial service
demanded. This will
consist in the performance
of all such judicial
Acts as will be
necessary to the causing
the Collative portion
of Law as per No II
to receive at the charge
of the Defendant its execution
and effect, and
thereby the Effective service
as per No I. to
be rendered.

Identifier: | JB/052/395/001"JB/" can not be assigned to a declared number type with value 52.
Date_1	1825-02-19	Marginal Summary Numbering
Box	052	Main Headings	procedure code
Folio number	395	Info in main headings field	procedure code
Image	001	Titles	demand paper c
Category	plan	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham; john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"march 11 this original not the copy revised" [note in bentham's hand]]]	ID Number	17068
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