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<head>1824. <sic>Dec<hi rend="superscript">r</hi>.</sic> 1<lb/>Constitutional Code.</head> <!-- some in pencil --> <p>13<lb/><note><sic>Ch.</sic> Means of execution</note><lb/>13 <note>§.1. Analytic sketch</note></p> <p><note><sic>Nonforthcomingness</sic><lb/>Causes<lb/><del>Causes of <sic>nonforthcomingness</sic></note></p> <p>In so far as <del><sic>nonforthcomingness</sic></del> when <sic>forthcomingness</sic><lb/>is necessary to justice that is to say to execution, <add>probative</add> evidence is<lb/>communicative, what may have been the cause of non<lb/><sic>forthcomingness</sic><hi rend="superscript">?</hi> and so in the case of noncompliance what<lb/>is but one out of several cause or causes of <sic>nonforthcomingness.</sic></p> <p><del>Causes</del> Of non-compliance <del>may</del> the following, <del>any</del> may<lb/>have any one of them been the cause<lb/>1. Want of actors i.e. knowledge of the obligation and demand<lb/>2. Want of power.<lb/>3. Want of will.</p> <p>Supposing notice given and received only <add>can</add> want <add>either</add> of power<lb/>or will have been the cause of it.</p> <p>Supposing power not wanting, only can want<lb/>of will have been the cause of it</p> <p>Of want of power the cause may be <add>with relation to the parties in question</add> either <hi rend="underline">intrinsic</hi><lb/>or <hi rend="underline">extrinsic</hi>: intrinsic as in case of infirmity whether of<lb/>body or mind, permanent or temporary: <add>if</add> extrinsic <del>as produced<lb/>by the state of the</del> it may be natural or factitious: natural<lb/>for instance the state of the <del><gap/></del> <unclear>weather in</unclear> the road: <add>whether in respect of unaptness or distance</add> factitious<lb/>as in the case of an insuperable impediment opposed by any<lb/>human hand.</p> <p>When will is wanting the cause of the deficiency will<lb/>have its cause in the contemplation either of the <del><gap/></del> immediate<lb/>or of the ultimate object in the <del>ordering</del> <add>requiring/endeavouring to produce</add> the <sic>forthcomingness</sic>, as<lb/>the case may be: in either case <del><gap/></del> in the contemplation of the<lb/>suffering which may be the result of it.</p> <p><note>Of how far in<lb/>non compli which is his<lb/>one out of sev causes of</note></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1824. Decr. 1
Constitutional Code.
13
Ch. Means of execution
13 §.1. Analytic sketch
Nonforthcomingness
CausesCauses of nonforthcomingness
In so far as nonforthcomingness when forthcomingness
is necessary to justice that is to say to execution, probative evidence is
communicative, what may have been the cause of non
forthcomingness? and so in the case of noncompliance what
is but one out of several cause or causes of nonforthcomingness.
Causes Of non-compliance may the following, any may
have any one of them been the cause
1. Want of actors i.e. knowledge of the obligation and demand
2. Want of power.
3. Want of will.
Supposing notice given and received only can want either of power
or will have been the cause of it.
Supposing power not wanting, only can want
of will have been the cause of it
Of want of power the cause may be with relation to the parties in question either intrinsic
or extrinsic: intrinsic as in case of infirmity whether of
body or mind, permanent or temporary: if extrinsic as produced
by the state of the it may be natural or factitious: natural
for instance the state of the weather in the road: whether in respect of unaptness or distance factitious
as in the case of an insuperable impediment opposed by any
human hand.
When will is wanting the cause of the deficiency will
have its cause in the contemplation either of the immediate
or of the ultimate object in the ordering requiring/endeavouring to produce the forthcomingness, as
the case may be: in either case in the contemplation of the
suffering which may be the result of it.
Of how far in
non compli which is his
one out of sev causes of
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