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<head>1823. <sic>Oct<hi rend="superscript">r</hi>.</sic> 28<lb/>Constitutional Code <!-- some in pencil --> or Procedure</head> <p><note><sic>Ch.</sic> Procedure in distances</note><lb/>(6) <note>§.</note></p> <p><note>17<lb/>In this case pursuer<lb/>will have no means of<lb/>securing compliance</note></p> <p>In this case, unless by accident, the pursuer's<lb/>judicatory has at it's command, some means<lb/>of Justiciability, sufficient, in the case in question,<lb/>to ensure compliance, (property for example, susceptible<lb/>of prehension) the Pursuer will not have<lb/>any means of securing ultimate compliance<lb/>with his demand, | <head>1823. <sic>Oct<hi rend="superscript">r</hi>.</sic> 28<lb/>Constitutional Code <!-- some in pencil --> or Procedure</head> <p><note><sic>Ch.</sic> Procedure in distances</note><lb/>(6) <note>§.</note></p> <p><note>17<lb/>In this case pursuer<lb/>will have no means of<lb/>securing compliance</note></p> <p>In this case, unless by accident, the pursuer's<lb/>judicatory has at it's command, some means<lb/>of Justiciability, sufficient, in the case in question,<lb/>to ensure compliance, (property for example, susceptible<lb/>of prehension) the Pursuer will not have<lb/>any means of securing ultimate compliance<lb/>with his demand, nor in the mean time, responsion<lb/>to the purpose of giving effect to it, without<lb/>the intervention of the Defendant's Judicatory.</p> <p><note>18<lb/>No means of securing<lb/>prompt responsion<lb/>without Judge's<lb/>intervention</note></p> <p>Under these circumstances, it seems scarce<lb/>possible to secure prompt and effectual responsion,<lb/>without the full communication on the subject<lb/>with the Judge: a communication not less<lb/>full than what would require to be made by the<lb/>Pursuer to an Agent on his own. On the part of the<lb/>Defendant, suppose what will always be the most<lb/>common case, <sic>compleat</sic> reluctance, the following<lb/>are the courses which of course it will take.</p> <p><note>19<lb/>Defendants probable<lb/>course<lb/>1 Endeavour to avoid<lb/>responsion</note></p> <p>I. In the first place, non responsion: viz down<lb/>to the last moment, and for the procurement of<lb/>toleration, excuse upon excuse, if any are admitted.<lb/>True it is, that for securing the correctness<lb/>of such excuses, and thence the absence of them,<lb/>where no proper excuses have place, punishment<lb/>for mendacity, insincerity, on each assertion<lb/>will in course be impending: but of such<lb/>restraining powers, the efficiency can not in every<lb/>case be <sic>compleat</sic>. For, with a little ingenuity<lb/>under circumstances tolerably favourable, excuses,<lb/>which, if they came of themselves would be just and<lb/>adequate, may be brought into existence.</p> <p><add>II. The</add></p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1823. Octr. 28
Constitutional Code or Procedure
Ch. Procedure in distances
(6) §.
17
In this case pursuer
will have no means of
securing compliance
In this case, unless by accident, the pursuer's
judicatory has at it's command, some means
of Justiciability, sufficient, in the case in question,
to ensure compliance, (property for example, susceptible
of prehension) the Pursuer will not have
any means of securing ultimate compliance
with his demand, nor in the mean time, responsion
to the purpose of giving effect to it, without
the intervention of the Defendant's Judicatory.
18
No means of securing
prompt responsion
without Judge's
intervention
Under these circumstances, it seems scarce
possible to secure prompt and effectual responsion,
without the full communication on the subject
with the Judge: a communication not less
full than what would require to be made by the
Pursuer to an Agent on his own. On the part of the
Defendant, suppose what will always be the most
common case, compleat reluctance, the following
are the courses which of course it will take.
19
Defendants probable
course
1 Endeavour to avoid
responsion
I. In the first place, non responsion: viz down
to the last moment, and for the procurement of
toleration, excuse upon excuse, if any are admitted.
True it is, that for securing the correctness
of such excuses, and thence the absence of them,
where no proper excuses have place, punishment
for mendacity, insincerity, on each assertion
will in course be impending: but of such
restraining powers, the efficiency can not in every
case be compleat. For, with a little ingenuity
under circumstances tolerably favourable, excuses,
which, if they came of themselves would be just and
adequate, may be brought into existence.
II. The
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Identifier: | JB/052/512/001"JB/" can not be assigned to a declared number type with value 52. |
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1823-10-28 |
17-19 |
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052 |
constitutional code; procedure code |
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512 |
constitutional code or procedure |
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001 |
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copy/fair copy sheet |
1 |
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recto |
c6 |
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john flowerdew colls |
j whatman turkey mill 1822 |
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jonathan blenman |
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1822 |
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17185 |
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