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<head>1825. March 5<lb/>Procedure Code</head> <p><note><sic>Ch.</sic><lb/>§.</note></p> <p><note>2<lb/><sic>Art.</sic> 2. Not so<lb/>where he is | <head>1825. March 5<lb/>Procedure Code</head> <p><note><sic>Ch.</sic></note><lb/>(2) <note>§.</note></p> <p><note>2<lb/><sic>Art.</sic> 2. Not so<lb/>where he is insincere<lb/>for <del>by</del> there would be<lb/>established a denial of<lb/>justice in the case of sum<lb/>due to an indefinite<lb/>amount</note></p> <p><sic>Art.</sic> 2 Not so where insincerity has place:<lb/><!-- brackets in pencil --> [say, in the first place,] on the Defendant's side.. For were<lb/>this the rule, note the consequence: <del>whatever</del> in each <add>every</add> individual<lb/>case whatsoever were the necessary costs of self-defence,<lb/> a denial of justice to the injury of the pursuer's<lb/>side would be the result of the rule. Necessary costs of self-defence<lb/>[in paying <sic>expence</sic> of witnesses or documents for example]<lb/>say as above — as apparent on the face of the<lb/>pursuer's statement £5: this being assumed <add>the supposed costs</add> here a denial<lb/>of justice to the amount not only <add>merely</add> of the £1 as above, but<lb/>to the amount of £5 to all persons whose debts did not<lb/>exceed £5 would the result of the rule in every case in<lb/>which it would be seen before hand that the <sic>expence</sic> which<lb/>with propriety a Defendant might incur for the purpose<lb/>of self-defence would amount to <add>as high as</add> that sum</p> <p><note>3<lb/><sic>Art.</sic> 3. Thus on design<lb/>would men <del>pref</del><lb/>derive scarce profit by<lb/> obtaining or realising other<lb/>man's money on false pretence,<lb/>whatever were the<lb/>sum <del>his</del> <add>a man's</add> concupiscence<lb/>hard fast upon he would<lb/>so contrive that this<lb/><sic>proveably</sic> necessary of<lb/>expence of providing<lb/>himself with <del>the</del> <sic>proveably</sic><lb/>necessary instruments<lb/>of defence i.e. evidence<lb/>should amount to that<lb/>sum or upwards.</note></p> <p><del>Thus</del> Not merely in here and there a scattered<lb/>instance would injustice in this shape have place, it<lb/>would become systematic and established: preparing to<lb/>resist the demand if called upon, a <add>dishonest</add> man would construct<lb/>a debt to <add>say</add> the amount of the £5. as above, taking<lb/>care that his evidence <add>the distance of his evidence from the seat of judicature</add> [for though <unclear>mendacious</unclear> such he<lb/>might contrive to have should be <add>manifestly</add> such <del>a distance</del> <lb/>that the <sic>expence</sic> of adduction <add>bringing them thither</add> could not be so little <add>less than</add> the<lb/>£5. Whether in the character of sources of personal evidence <add>testament</add><lb/>pursuer could in this way be at command would be matter of<lb/>accident; but in regard to writings and other articles in the character<lb/>of<lb/><!-- continues in the margin --> sources of written and<lb/>other real evidence<lb/>a man might make<lb/>himself sure.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. March 5
Procedure Code
Ch.
(2) §.
2
Art. 2. Not so
where he is insincere
for by there would be
established a denial of
justice in the case of sum
due to an indefinite
amount
Art. 2 Not so where insincerity has place:
[say, in the first place,] on the Defendant's side.. For were
this the rule, note the consequence: whatever in each every individual
case whatsoever were the necessary costs of self-defence,
a denial of justice to the injury of the pursuer's
side would be the result of the rule. Necessary costs of self-defence
[in paying expence of witnesses or documents for example]
say as above — as apparent on the face of the
pursuer's statement £5: this being assumed the supposed costs here a denial
of justice to the amount not only merely of the £1 as above, but
to the amount of £5 to all persons whose debts did not
exceed £5 would the result of the rule in every case in
which it would be seen before hand that the expence which
with propriety a Defendant might incur for the purpose
of self-defence would amount to as high as that sum
3
Art. 3. Thus on design
would men pref
derive scarce profit by
obtaining or realising other
man's money on false pretence,
whatever were the
sum his a man's concupiscence
hard fast upon he would
so contrive that this
proveably necessary of
expence of providing
himself with the proveably
necessary instruments
of defence i.e. evidence
should amount to that
sum or upwards.
Thus Not merely in here and there a scattered
instance would injustice in this shape have place, it
would become systematic and established: preparing to
resist the demand if called upon, a dishonest man would construct
a debt to say the amount of the £5. as above, taking
care that his evidence the distance of his evidence from the seat of judicature [for though mendacious such he
might contrive to have should be manifestly such a distance
that the expence of adduction bringing them thither could not be so little less than the
£5. Whether in the character of sources of personal evidence testament
pursuer could in this way be at command would be matter of
accident; but in regard to writings and other articles in the character
of
sources of written and
other real evidence
a man might make
himself sure.
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Identifier: | JB/055/010/001"JB/" can not be assigned to a declared number type with value 55. |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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17731 |
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