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<head>1823. <sic>Nov<hi rend="superscript">r</hi></sic> 13<lb/>Constitutional Code <add>or Procedure</add></head> <p><note>II<lb/><sic>Ch.</sic> Procedure in general</note><lb/>(5 <note>§.1</note></p> <p><note>19<lb/>Object of this Code of<lb/>Procedure, giving expression<lb/>to a system of arrangements<lb/>by which that desire may<lb/>be kept up and its accomplishment<lb/>secured.</note></p> <p>Of this use of <add>in</add> the system of Codes the business <add>object</add> is to<lb/>delineate <add>give expression</add> <!-- brackets and deletion in pencil --> [<del>to that which may require to be done in all <add>every</add><lb/>imaginable cases <add>case</add> throughout the whole field of judicial endeavour</del>] <add>to that/a system of arrangements, by/from which throughout the<lb/>whole field of judicial procedure that desire may receive its accomplishment.</add></p> <p><note>20<lb/>Course <add>or order</add> most apt —<lb/><del>I</del> bringing to view <del>what</del><lb/>1. <add>what</add> will be to be done in the<lb/><del><gap/> <gap/></del> state of things<lb/>made simple and<lb/>extensively simplified.<lb/>2. Necessarily, those<lb/>other objects, by which,<lb/>in proportion to their numbers<lb/><hi rend="underline">complexity</hi> will<lb/>be <sic>encreased</sic>, transparency<lb/>diminished.</note></p> <p>In so doing the simplest <add>clearest</add> method will be first to<lb/>bring to view that which will require to be done in the<lb/>most ordinary state and course of things.</p> <p>That determination <unclear>clear</unclear> and brought to view in the<lb/>character of a standard <add>an object</add> of reference, thereafter will <unclear>successively</unclear><lb/>be brought to view the several incidental objects <add>circumstances/subject matter</add><lb/>by which in proportion as the number of them <sic>encreases</sic><lb/>the complexity of the subject will be <sic>encreased</sic> and its<lb/>transparency be diminished.</p> <p><note>21<lb/>Examples of the simplest<lb/>1. Service demanded<lb/>money in compensation<lb/>for corporal injury<lb/>2. <sic>d<hi rend="superscript">o</hi></sic> in execution of a<lb/>contract whereby such<lb/>money has been agreed to<lb/>be paid<lb/><add>Parties no more than one on<lb/>either side.</add></note></p> <p>The simplest case <add>state of things</add> is that which presents to view one<lb/>individual on the pursuer's side, and one other on the defendant's<lb/>side: the service prayed by the pursuer being compensation<lb/>on the ground of a debt <!-- numbers in pencil --><add>(2) money</add> due to him, <add> | <head>1823. <sic>Nov<hi rend="superscript">r</hi></sic> 13<lb/>Constitutional Code <add>or Procedure</add></head> <p><note>II<lb/><sic>Ch.</sic> Procedure in general</note><lb/>(5 <note>§.1</note></p> <p><note>19<lb/>Object of this Code of<lb/>Procedure, giving expression<lb/>to a system of arrangements<lb/>by which that desire may<lb/>be kept up and its accomplishment<lb/>secured.</note></p> <p>Of this use of <add>in</add> the system of Codes the business <add>object</add> is to<lb/>delineate <add>give expression</add> <!-- brackets and deletion in pencil --> [<del>to that which may require to be done in all <add>every</add><lb/>imaginable cases <add>case</add> throughout the whole field of judicial endeavour</del>] <add>to that/a system of arrangements, by/from which throughout the<lb/>whole field of judicial procedure that desire may receive its accomplishment.</add></p> <p><note>20<lb/>Course <add>or order</add> most apt —<lb/><del>I</del> bringing to view <del>what</del><lb/>1. <add>what</add> will be to be done in the<lb/><del><gap/> <gap/></del> state of things<lb/>made simple and<lb/>extensively simplified.<lb/>2. Necessarily, those<lb/>other objects, by which,<lb/>in proportion to their numbers<lb/><hi rend="underline">complexity</hi> will<lb/>be <sic>encreased</sic>, transparency<lb/>diminished.</note></p> <p>In so doing the simplest <add>clearest</add> method will be first to<lb/>bring to view that which will require to be done in the<lb/>most ordinary state and course of things.</p> <p>That determination <unclear>clear</unclear> and brought to view in the<lb/>character of a standard <add>an object</add> of reference, thereafter will <unclear>successively</unclear><lb/>be brought to view the several incidental objects <add>circumstances/subject matter</add><lb/>by which in proportion as the number of them <sic>encreases</sic><lb/>the complexity of the subject will be <sic>encreased</sic> and its<lb/>transparency be diminished.</p> <p><note>21<lb/>Examples of the simplest<lb/>1. Service demanded<lb/>money in compensation<lb/>for corporal injury<lb/>2. <sic>d<hi rend="superscript">o</hi></sic> in execution of a<lb/>contract whereby such<lb/>money has been agreed to<lb/>be paid<lb/><add>Parties no more than one on<lb/>either side.</add></note></p> <p>The simplest case <add>state of things</add> is that which presents to view one<lb/>individual on the pursuer's side, and one other on the defendant's<lb/>side: the service prayed by the pursuer being compensation<lb/>on the ground of a debt <!-- numbers in pencil --><add>(2) money</add> due to him, <add>form</add> or corporal <add>(1)</add> wrong<lb/>done to him to him by the defendant.</p> <p><note>22<lb/>Necessary (by the <gap/>)<lb/>be the receipt of<lb/>the service prayed <del><gap/></del><lb/>at the <sic>expence</sic> of<lb/>the defendant is the correspondent<lb/>service prayed<lb/>at the hands of the Judge<lb/>exercise of his power: employment<lb/>of his means of<lb/>obtaining probation, and<lb/>giving execution and effect<lb/>to the law, as above.</note></p><p>The service prayed at the hands of the Judge in<lb/>both cases <add>either case</add> will be the exercise of this power — the employment<lb/>of the means of execution necessary and sufficient to<lb/>the causing of <del><gap/></del> compensation in the shape in question to<lb/>be received by the party on the pursuer's side.</p> <p><note>23<lb/>But now come the<lb/><hi rend="underline">obstacles</hi>. as above.<lb/>Of these a list <del>that</del><lb/>will be given with a <sic>d<hi rend="superscript">o</hi></sic> <!-- continues along the edge of the page --> of the means of surmounting them.</note></p> <p>But to the <unclear>consummation</unclear> later expressed various<lb/>are the obstacles <add>natural and factitious</add> which in the case of these two individuals will<lb/>be capable of arising and having place. <del>that</del> Of those<lb/>obstacles a list as <sic>compleat</sic> as can be made, shall <add>will</add> in the<lb/>first place, be brought to view: this done, then will successively<lb/>be brought to view the alternative obstacles liable to be opposed<lb/>by the different character of implication or course of complicity<lb/>above attended to it.</p> | ||
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1823. Novr 13
Constitutional Code or Procedure
II
Ch. Procedure in general
(5 §.1
19
Object of this Code of
Procedure, giving expression
to a system of arrangements
by which that desire may
be kept up and its accomplishment
secured.
Of this use of in the system of Codes the business object is to
delineate give expression [to that which may require to be done in all every
imaginable cases case throughout the whole field of judicial endeavour] to that/a system of arrangements, by/from which throughout the
whole field of judicial procedure that desire may receive its accomplishment.
20
Course or order most apt —
I bringing to view what
1. what will be to be done in the
state of things
made simple and
extensively simplified.
2. Necessarily, those
other objects, by which,
in proportion to their numbers
complexity will
be encreased, transparency
diminished.
In so doing the simplest clearest method will be first to
bring to view that which will require to be done in the
most ordinary state and course of things.
That determination clear and brought to view in the
character of a standard an object of reference, thereafter will successively
be brought to view the several incidental objects circumstances/subject matter
by which in proportion as the number of them encreases
the complexity of the subject will be encreased and its
transparency be diminished.
21
Examples of the simplest
1. Service demanded
money in compensation
for corporal injury
2. do in execution of a
contract whereby such
money has been agreed to
be paid
Parties no more than one on
either side.
The simplest case state of things is that which presents to view one
individual on the pursuer's side, and one other on the defendant's
side: the service prayed by the pursuer being compensation
on the ground of a debt (2) money due to him, form or corporal (1) wrong
done to him to him by the defendant.
22
Necessary (by the )
be the receipt of
the service prayed
at the expence of
the defendant is the correspondent
service prayed
at the hands of the Judge
exercise of his power: employment
of his means of
obtaining probation, and
giving execution and effect
to the law, as above.
The service prayed at the hands of the Judge in
both cases either case will be the exercise of this power — the employment
of the means of execution necessary and sufficient to
the causing of compensation in the shape in question to
be received by the party on the pursuer's side.
23
But now come the
obstacles. as above.
Of these a list that
will be given with a do of the means of surmounting them.
But to the consummation later expressed various
are the obstacles natural and factitious which in the case of these two individuals will
be capable of arising and having place. that Of those
obstacles a list as compleat as can be made, shall will in the
first place, be brought to view: this done, then will successively
be brought to view the alternative obstacles liable to be opposed
by the different character of implication or course of complicity
above attended to it.
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Identifier: | JB/055/005/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-11-13 |
19-23 |
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055 |
Constitutional Code; Procedure Code |
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005 |
Constitutional Code or Procedure |
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001 |
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Text sheet |
1 |
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recto |
E5 |
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J WHATMAN TURKEY MILL 1822 |
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Jonathan Blenman |
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1822 |
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17726 |
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