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<head>1825. March 22<lb/>Procedure Code.</head> <!-- some in pencil --> <p>? 14/? 11/6 <note>101<lb/>P III<lb/><sic>Ch.</sic> IX</note><lb/>(1 <note>§. 4 Counter security — need</note></p> <!-- this page is organised in three columns --> <p>1.<lb/><sic>Art</sic | <head>1825. March 22<lb/>Procedure Code.</head> <!-- some in pencil --> <p>? 14/? 11/6 <note>101<lb/>P III<lb/><sic>Ch.</sic> IX</note><lb/>(1 <note>§. 4 Counter security — need</note></p> <!-- this page is organised in three columns --> <p>1.<lb/><sic>Art</sic> 1. The need of countersecurity<lb/>is produced<lb/>by, and proportioned to,<lb/>the magnitude & probability<lb/>of the evils, which<lb/>by prehension and adduction<lb/>of the individual,<lb/>are liable to be produced<lb/>for want of it. These evils<lb/>will have their rise —<lb/>partly in the situation<lb/>of the proposed Defendant,<lb/>partly in the disposition<lb/>and situation of the Pursuer.</p> <p>2.<lb/><sic>Art</sic> 2 Of the evils liable<lb/>to be produced by the situation<lb/>of the proposed<lb/>Defendant, examples<lb/>are as follows.</p> <p>1. The proposed Defendant<lb/>labouring under a<lb/>disease, for which a distant<lb/>climate is by medical<lb/>advisers regarded<lb/>as affording a probable<lb/>and the only means of<lb/>escape from impending<lb/>death. Effect of the prehension<lb/>and adduction mandate<lb/>executed, the same<lb/>as that of a sentence<lb/>of Death pronounced<lb/>and executed.</p> <!-- pencil tick in margin --><p>2. The proposed Defendant<lb/>is on the point of<lb/>embarking with a Cargo<lb/>for sale, in which the<lb/>whole of his capital is<lb/>invested: before he <sic>c<hi rend="superscript">d</hi></sic><lb/>have been set free to<lb/>embark, the vessel has<lb/><add>sailed</add></p> <pb/> <!-- start of second column --> <p>2 <sic>contin<hi rend="superscript">d</hi></sic><lb/>sailed, and within the<lb/>time, no person able<lb/>and willing to undertake<lb/>charge of the cargo could<lb/>be found by him. Consequence,<lb/>a part more<lb/>or less considerable,<lb/>spoilt, purloined, or<lb/>sold to a loss: to the<lb/>amount of the loss, no<lb/>assignable limit. Effect<lb/>of the Mandate, fine,<lb/>with execution to that<lb/>amount</p> <p>4. In the vessel <unclear>wench</unclear><lb/>a female, to the proposed<lb/>Defendant an object<lb/>of matrimonial pursuit<lb/>with prospect of success:<lb/>the female unpledged<lb/>or faithless, consequence<lb/>her marriage with<lb/>another. Loss indescribable<lb/>and incalculable.</p> <p>5. Destination, as before:<lb/>the female a new married<lb/>wife. In the vessel,<lb/>or on arrival she finds<lb/>a seducer. Consequence<lb/>seduction. Loss again<lb/>incalculable</p> <p>3.<lb/><sic>Art</sic> 3. In each instance,<lb/>cause of the evil, accident<lb/>or sinister design.<lb/>If sinister design, for<lb/><hi rend="underline">proposed Defendant</hi>, say<lb/><hi rend="underline">Victim</hi> or <hi rend="underline">intended Victim</hi><lb/>1. In the case of the disease,<lb/>victim say a rich<lb/>proprietor; <sic>machinator</sic>,<lb/>a next of kin or expected<lb/>legatee.<lb/><add>2</add></p> <pb/> <!-- start of third column --> <p>3 <sic>contin<hi rend="superscript">d</hi></sic><lb/>2 In the case of the emigration<lb/>with a cargo;<lb/><sic>Machinator</sic>, say<lb/>a rival trader.</p> <p>3. In the case of the emigration<lb/>for the settlement.<lb/><sic>Machinator</sic>, say a<lb/>rival having designs upon<lb/>the same portion<lb/>of land.</p> <p>4. Victim, the disappointed<lb/>lover: <sic>Machinator</sic>,<lb/>the successful rival.</p> <p>5. Victim, the new married<lb/>husband, <sic>Machinator</sic><lb/>the seducer.</p> <p>4.<lb/><sic>Art</sic> 4. In no one of these<lb/>cases, unless specially<lb/>provided against, as<lb/>below, does the <sic>Machinator</sic><lb/>stand necessarily<lb/>exposed to legal<lb/>responsibility in any<lb/>shape. To the accomplishment<lb/>of the design, no<lb/>mendacity, punishable<lb/>or so much as unpunishable,<lb/>is necessary.<lb/>Many are the ways<lb/>in which, for any such<lb/>purpose, the <sic>Machinator</sic><lb/>may in relation<lb/>to the intended<lb/>Victim, contrive to<lb/>place himself in the<lb/>situation of Creditor.<lb/><add>In</add></p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. March 22
Procedure Code.
? 14/? 11/6 101
P III
Ch. IX
(1 §. 4 Counter security — need
1.
Art 1. The need of countersecurity
is produced
by, and proportioned to,
the magnitude & probability
of the evils, which
by prehension and adduction
of the individual,
are liable to be produced
for want of it. These evils
will have their rise —
partly in the situation
of the proposed Defendant,
partly in the disposition
and situation of the Pursuer.
2.
Art 2 Of the evils liable
to be produced by the situation
of the proposed
Defendant, examples
are as follows.
1. The proposed Defendant
labouring under a
disease, for which a distant
climate is by medical
advisers regarded
as affording a probable
and the only means of
escape from impending
death. Effect of the prehension
and adduction mandate
executed, the same
as that of a sentence
of Death pronounced
and executed.
2. The proposed Defendant
is on the point of
embarking with a Cargo
for sale, in which the
whole of his capital is
invested: before he cd
have been set free to
embark, the vessel has
sailed
---page break---
2 contind
sailed, and within the
time, no person able
and willing to undertake
charge of the cargo could
be found by him. Consequence,
a part more
or less considerable,
spoilt, purloined, or
sold to a loss: to the
amount of the loss, no
assignable limit. Effect
of the Mandate, fine,
with execution to that
amount
4. In the vessel wench
a female, to the proposed
Defendant an object
of matrimonial pursuit
with prospect of success:
the female unpledged
or faithless, consequence
her marriage with
another. Loss indescribable
and incalculable.
5. Destination, as before:
the female a new married
wife. In the vessel,
or on arrival she finds
a seducer. Consequence
seduction. Loss again
incalculable
3.
Art 3. In each instance,
cause of the evil, accident
or sinister design.
If sinister design, for
proposed Defendant, say
Victim or intended Victim
1. In the case of the disease,
victim say a rich
proprietor; machinator,
a next of kin or expected
legatee.
2
---page break---
3 contind
2 In the case of the emigration
with a cargo;
Machinator, say
a rival trader.
3. In the case of the emigration
for the settlement.
Machinator, say a
rival having designs upon
the same portion
of land.
4. Victim, the disappointed
lover: Machinator,
the successful rival.
5. Victim, the new married
husband, Machinator
the seducer.
4.
Art 4. In no one of these
cases, unless specially
provided against, as
below, does the Machinator
stand necessarily
exposed to legal
responsibility in any
shape. To the accomplishment
of the design, no
mendacity, punishable
or so much as unpunishable,
is necessary.
Many are the ways
in which, for any such
purpose, the Machinator
may in relation
to the intended
Victim, contrive to
place himself in the
situation of Creditor.
In
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