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such succedaneum punishment as the case may require, he<lb/> | such succedaneum punishment as the case may require, he<lb/> | ||
will proceed in this as in other cases.</p> | will proceed in this as in other cases.</p> | ||
<p>Art. 9. If, in the opinion | <p>Art. 9. If, in the opinion of the Judge by <add>a probabiliy presents itself the</add> means<lb/> | ||
</p> | of any information or advice that occurrs to him, the Pursuer<lb/> | ||
<del>a probability presents it</del> may on another occasion, adduce<lb/> | |||
a demand fit to be called <add>proceeded</add> upon, such information or<lb/> | |||
advice he will accordingly give.</p> | |||
<p>Art. 10. To the Judge it will be an object of enquiry<lb/> | |||
whether, antecedently to the commencement of the course of <unclear>proceeding</unclear><lb/> | |||
by which vexation and expence is fastened upon the defendant's<lb/> | |||
side of the suit, and delay <del>upon</del> with its attendant vexation<lb/> | |||
and expence upon suitors or such as should have been<lb/> | |||
<unclear>suits</unclear> in other cases <add>instances</add>, <del>the</del> appropriate <add>needful</add> and <unclear>sufficient</unclear><lb/> | |||
endeavour has been made by the Pursuer to obtain at the<lb/> | |||
hand of the proposed Defendant without <unclear>such</unclear> the service demanded<lb/> | |||
by the suit. If it appears to the Judge that had such endeavour been<lb/> | |||
made the application<lb/> | |||
would have been<lb/> | |||
needless he will dismiss<lb/> | |||
it, stating his<lb/> | |||
reasons for believing that it would have been needless. But in this case the Defendant not <unclear>complying</unclear>, the suit may be removed at any time.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. Jany. 28
Procedure Code
Art. 7. This done, if it appears to the Judge that
taking his statement for true as ground has been made by the
pursuer for the service demanded nor for service in any
shape at the hands of the proposed defendant or any other
person, he will duri accordingly pronounce in the hearing
of the defendant a dismissal decree prefaced by the
appropriate operative decree.
Art. 8. At the same time if in the opinion of the
Judge the application has been the result of sinister design
as per Ch. X. §. Art. he will impose on the pursuer
a pecuniary fine and for the levying through or imposing
such succedaneum punishment as the case may require, he
will proceed in this as in other cases.
Art. 9. If, in the opinion of the Judge by a probabiliy presents itself the means
of any information or advice that occurrs to him, the Pursuer
a probability presents it may on another occasion, adduce
a demand fit to be called proceeded upon, such information or
advice he will accordingly give.
Art. 10. To the Judge it will be an object of enquiry
whether, antecedently to the commencement of the course of proceeding
by which vexation and expence is fastened upon the defendant's
side of the suit, and delay upon with its attendant vexation
and expence upon suitors or such as should have been
suits in other cases instances, the appropriate needful and sufficient
endeavour has been made by the Pursuer to obtain at the
hand of the proposed Defendant without such the service demanded
by the suit. If it appears to the Judge that had such endeavour been
made the application
would have been
needless he will dismiss
it, stating his
reasons for believing that it would have been needless. But in this case the Defendant not complying, the suit may be removed at any time.
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Identifier: | JB/055/183/001"JB/" can not be assigned to a declared number type with value 55. |
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1825-01-28 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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17904 |
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