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<p>1824 Dec<hi rend="superscript">r.</hi> 12<lb/> | |||
<head>Procedure Code</head><note>Ch. Nomenclature</note></p> | |||
<p><head>48. Means of <hi rend="underline">eventual</hi> execution</head></p> | |||
<p>This requires to be distinguished from means of execution<lb/> | |||
simply: for by that would <unclear>certainly</unclear> be understood means<lb/> | |||
of immediate actual execution. Means of eventual execution are the<lb/> | |||
same thing with means of effective <unclear>judicibility</unclear>, or say <hi rend="underline">preparatory</hi><lb/> | |||
means of execution.</p> | |||
<p>In name means of execution and means of<lb/> | |||
eventual execution may in many cases be the same.<lb/> | |||
But in <del>akk cases</del> effect they will in all cases be widely<lb/> | |||
different. When, by <hi rend="underline">actual execution</hi>, suffering to a certain<lb/> | |||
amount would be produced, in any such <add>this</add> case unless<lb/> | |||
at the very institution of the suit, before <del>the applica</del><lb/> | |||
any knowledge of the initiatory application has reached<lb/> | |||
the proposed defendant, <del><add>his eventual</add> compliance with respect to the<lb/> | |||
the fact of</del> his subjectedness to the suffering were <add>be</add><lb/> | |||
sufficiently <add>adequately</add> secured, <add>all</add> proceedings towards execution<lb/> | |||
all <hi rend="underline">probation</hi> all <hi rend="underline">audition</hi> all <hi rend="underline">communication</hi><lb/> | |||
would <add>will</add> be labour lost: and if the loss of the benefit<lb/> | |||
whatever it were of which the <add>ultimate</add> execution is regarded<lb/> | |||
as productive, together <add>added</add> with the damage by <add>the</add> vexation<lb/> | |||
and expence of pursuit would be constituted a <add>an aggregate</add> mass<lb/> | |||
of irreparable damage. Hence, for the purpose of securing <add>rendering sure</add><lb/> | |||
the abovementioned <unclear>judicibility</unclear>, and whether with or without<lb/> | |||
compliance on the defendants part the <del>ultimate</del> <add>eventual</add> execution<lb/> | |||
of the ultimate degree prayed for, it becomes necessary<lb/> | |||
to take into the hands or disposal of the Judge <del>the<lb/> | |||
body of the defendant the property of the defendant,<lb/> | |||
<gap/> purely <gap/></del> whatsoever portion of the aggregate<lb/> | |||
mass of the defendants nominal possession above <del><gap/></del><lb/> | |||
mentioned can be had hold of – body, mind, property, power,<lb/> | |||
reputation – even purely inchoate and as yet not consummated rights.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1824 Decr. 12
Procedure CodeCh. Nomenclature
48. Means of eventual execution
This requires to be distinguished from means of execution
simply: for by that would certainly be understood means
of immediate actual execution. Means of eventual execution are the
same thing with means of effective judicibility, or say preparatory
means of execution.
In name means of execution and means of
eventual execution may in many cases be the same.
But in akk cases effect they will in all cases be widely
different. When, by actual execution, suffering to a certain
amount would be produced, in any such this case unless
at the very institution of the suit, before the applica
any knowledge of the initiatory application has reached
the proposed defendant, his eventual compliance with respect to the
the fact of his subjectedness to the suffering were be
sufficiently adequately secured, all proceedings towards execution
all probation all audition all communication
would will be labour lost: and if the loss of the benefit
whatever it were of which the ultimate execution is regarded
as productive, together added with the damage by the vexation
and expence of pursuit would be constituted a an aggregate mass
of irreparable damage. Hence, for the purpose of securing rendering sure
the abovementioned judicibility, and whether with or without
compliance on the defendants part the ultimate eventual execution
of the ultimate degree prayed for, it becomes necessary
to take into the hands or disposal of the Judge the
body of the defendant the property of the defendant,
purely whatsoever portion of the aggregate
mass of the defendants nominal possession above
mentioned can be had hold of – body, mind, property, power,
reputation – even purely inchoate and as yet not consummated rights.
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Identifier: | JB/054/063/001"JB/" can not be assigned to a declared number type with value 54. |
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1824-12-12 |
90-91 |
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054 |
procedure code |
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063 |
procedure code |
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001 |
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text sheet |
1 |
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recto |
c22 |
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jeremy bentham |
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17582 |
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