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<head>1825 March 3 <!-- some in pencil --> 19. B A +<lb/>Procedure Code</head> <p><!-- numbers in pencil --> <note>IV<lb/><sic>Ch.</sic> IX Intermediate proceedings</note><lb/>(1) <note>§. Counter Security</note></p> <p>☞ 19 March 1825 This to be read over<lb/><del><gap/> character and qualities requiring <gap/> consideration<lb/>and disposed of.</del></p> <p><note>1<lb/>Countersecurity<lb/>in ordinary cases<lb/>little difficulty</note></p> <p><sic>Art.</sic> Happily, in the general <add>ordinary</add> run of cases<lb/>there will be little difficulty: <del>the responsibility of the<lb/>pursuer, as established by the <gap/> satisfaction and punishment<lb/>in case of <add>attached to</add> <sic>falshood</sic> will afford satisfaction</del><lb/><add>on the one hand</add> the <del>situation of the defend</del> nature of the service demanded<lb/>coupled with the situation of the Defendant will not require<lb/><del>any such</del> for the securing compliance on his part<lb/>or at any rate the effect sought for <del>by</del> <add>from</add> his compliance<lb/>any such vexation on his part <Add>the imposition of any such <gap/></add> as would present<lb/>a serious danger of ultimate injustice: and the less<lb/>the danger from the direct security, <add>at the charge of the defendant</add> the less would<lb/>be the evil <add>of the eventual vexation necessary to be</add> produced by the exaction of countersecurity<lb/>at the charge of the pursuer to prevent <add>restrain</add> him from<lb/>contributing through sinister design or negligence<lb/>to impose the first <gap/> vexation on the Defendant.</p> <p><note>2<lb/>But no evil though<lb/>of <sic>unfrequent</sic> occurrence<lb/>if excludible without<lb/>preponderant evil<lb/>should be neglected<lb/>by legislator</note></p> <p>But <del>to the legislator</del> no evil which is or<lb/>may be possible to exclude without preponderant evil<lb/>should <add>the Legislator</add> be suffered to pass unhindered <add>or unprovided for against</add> over the imagination<lb/>of the Legislator or <add>his servant</add> the Judge: in their <add>respective</add> accounts with<lb/>the public, every such individual <add>instance of</add> evil that presents<lb/>itself will be <add>to be</add> set down under the hand of loss: if<lb/>the case of most frequent occurrence will be provided for<lb/>with most care, neither will those of the least frequent<lb/>occasion remain neglected: especially since <del><gap/></del> in<lb/>whatever part of the field the provident <add><unclear>improvident</unclear></add> eye of the legislator<lb/>has left a pit fall unclosed evil doers <add>sinister interest the</add> whose<lb/><add>optics of which will naturally be stronger than</add> eyes will by stronger interest be rendered sharper than his<lb/>will be at work to widen it.</p> | |||
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1825 March 3 19. B A +
Procedure Code
IV
Ch. IX Intermediate proceedings
(1) §. Counter Security
☞ 19 March 1825 This to be read over
character and qualities requiring consideration
and disposed of.
1
Countersecurity
in ordinary cases
little difficulty
Art. Happily, in the general ordinary run of cases
there will be little difficulty: the responsibility of the
pursuer, as established by the satisfaction and punishment
in case of attached to falshood will afford satisfaction
on the one hand the situation of the defend nature of the service demanded
coupled with the situation of the Defendant will not require
any such for the securing compliance on his part
or at any rate the effect sought for by from his compliance
any such vexation on his part the imposition of any such as would present
a serious danger of ultimate injustice: and the less
the danger from the direct security, at the charge of the defendant the less would
be the evil of the eventual vexation necessary to be produced by the exaction of countersecurity
at the charge of the pursuer to prevent restrain him from
contributing through sinister design or negligence
to impose the first vexation on the Defendant.
2
But no evil though
of unfrequent occurrence
if excludible without
preponderant evil
should be neglected
by legislator
But to the legislator no evil which is or
may be possible to exclude without preponderant evil
should the Legislator be suffered to pass unhindered or unprovided for against over the imagination
of the Legislator or his servant the Judge: in their respective accounts with
the public, every such individual instance of evil that presents
itself will be to be set down under the hand of loss: if
the case of most frequent occurrence will be provided for
with most care, neither will those of the least frequent
occasion remain neglected: especially since in
whatever part of the field the provident improvident eye of the legislator
has left a pit fall unclosed evil doers sinister interest the whose
optics of which will naturally be stronger than eyes will by stronger interest be rendered sharper than his
will be at work to widen it.
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