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<head>Procedure Code or Procedure</head></p>
<head>Procedure Code or Procedure</head></p>
<p><head>Ch. or &sect;.  <del>Vexatious</del> <add>Time-wasting</add> suits how obviated</head></p>
<p><head>Ch. or &sect;.  <del>Vexatious</del> <add>Time-wasting</add> suits how obviated</head></p>
<p>Precautionary arrangements against <del>malitious</del> <add>anti conscientious</add> and  
<p>Precautionary arrangements against <del>malitious</del> <add>anti conscientious</add> and temerarious<lb/>
</p>
<add><del><gap/></del></add> <unclear>pursuits</unclear> suits on the pursuers side.</p>
 
<p>Article 1.  No person shall be admitted to commence pursuit<lb/>
 
without paying as deposit-money the sum of [ ] being <del>the</del><lb/>
a sum equal to the ordinary days pay of a labourer in husbandry.<lb/>
This sum will remain forfeited, if in the declared opinion<lb/>
of the Judge, the pursuit was <del><gap/></del> at <add>or since</add> the <del>commencement</del><lb/>
application made tainted with maliciousness <add>malice</add> or temerariousness <add>temerity</add>.</p>
<p>Reasons</p>
<p>But for this, the whole time of the Judicatory might be preoccupied<lb/>
and <del><gap/></del> well grounded claims excluded by malitious <add>anti-conscientious <unclear>evilly</unclear>-conscious</add><lb/>
or temerarious or wanton pursuits:  if merely wanton spontaneous<lb/>
if malitious <add>anti conscientious</add>, in consequence of pay given by<lb/>
<add>opulent</add> malefactors.  Quere? – the Pursuer being bound to verity by <gap/> as for perjury<lb/>
and no <unclear>vexation</unclear> imposed on Defendant without sureties for Pursuers submitted to the principal or else from making adequate compensation for the vexation.</p>
<p>2.  It can not be regarded as probable, that in default of his <gap/><lb/>
of his own wherewithal to make a deposit to <add>such one</add> so small <del><gap/></del><lb/>
person having a just claim on any account a just claim to<lb/>
<del>the servi</del> judicial service should not be able to find some friend<lb/>
charitable enough to lend it him for such apt a purpose.</p>
<p>Art. 2.  Nor without giving <del>adequ</del> information adequate to<lb/>
the purpose of security his forthcomingness for the purpose of eventual<lb/>
justiciability in case the application or the pursuit should<lb/>
be judged anti-conscientious or temerarious.</p>
<p><del>At. 3.  Such application may be made either to the Pursuer<lb/>
or to the Pursuer General</del></p>
<p>Art. 3.  As often as in the course of the suit, anti-conscientious<lb/>
or temerariousness has by a party on either side been<lb/>
manifested, let entry be made, and at the close of the suit<lb/>
let the instances be summed up, and punishment pronounced accordingly.</p>
<p>Art. 4.  Particularly in case of mendacity.</p>
<p>Art. 5.  If the mendacity has been ascertained by sufficiently conclusive<lb/>
evidence, let the delinquency be declared and punishment applied<lb/>
accordingly, without the formality of a separate suit on purpose.</p>
<p>Art. 6.  Especially if <del>the <gap/> suit, then</del> circumstance be such that in<lb/>
the nature of the case, no<lb/>
other evidence than that<lb/>
which has been adduced,<lb/>
can have had place.</p>
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Latest revision as of 12:09, 28 October 2024

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1828. April 8
Procedure Code or Procedure

Ch. or §. Vexatious Time-wasting suits how obviated

Precautionary arrangements against malitious anti conscientious and temerarious
pursuits suits on the pursuers side.

Article 1. No person shall be admitted to commence pursuit
without paying as deposit-money the sum of [ ] being the
a sum equal to the ordinary days pay of a labourer in husbandry.
This sum will remain forfeited, if in the declared opinion
of the Judge, the pursuit was at or since the commencement
application made tainted with maliciousness malice or temerariousness temerity.

Reasons

But for this, the whole time of the Judicatory might be preoccupied
and well grounded claims excluded by malitious anti-conscientious evilly-conscious
or temerarious or wanton pursuits: if merely wanton spontaneous
if malitious anti conscientious, in consequence of pay given by
opulent malefactors. Quere? – the Pursuer being bound to verity by as for perjury
and no vexation imposed on Defendant without sureties for Pursuers submitted to the principal or else from making adequate compensation for the vexation.

2. It can not be regarded as probable, that in default of his
of his own wherewithal to make a deposit to such one so small
person having a just claim on any account a just claim to
the servi judicial service should not be able to find some friend
charitable enough to lend it him for such apt a purpose.

Art. 2. Nor without giving adequ information adequate to
the purpose of security his forthcomingness for the purpose of eventual
justiciability in case the application or the pursuit should
be judged anti-conscientious or temerarious.

At. 3. Such application may be made either to the Pursuer
or to the Pursuer General

Art. 3. As often as in the course of the suit, anti-conscientious
or temerariousness has by a party on either side been
manifested, let entry be made, and at the close of the suit
let the instances be summed up, and punishment pronounced accordingly.

Art. 4. Particularly in case of mendacity.

Art. 5. If the mendacity has been ascertained by sufficiently conclusive
evidence, let the delinquency be declared and punishment applied
accordingly, without the formality of a separate suit on purpose.

Art. 6. Especially if the suit, then circumstance be such that in
the nature of the case, no
other evidence than that
which has been adduced,
can have had place.


Identifier: | JB/055/226/001"JB/" can not be assigned to a declared number type with value 55.

Date_1

1823-04-08

Marginal Summary Numbering

1-3

Box

055

Main Headings

Constitutional Code; Procedure Code

Folio number

226

Info in main headings field

Constitutional Code or Procedure

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

E1

Penner

Watermarks

J WHATMAN TURKEY MILL 1822

Marginals

Jeremy Bentham

Paper Producer

Jonathan Blenman

Corrections

Paper Produced in Year

1822

Notes public

ID Number

17947

Box Contents

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