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nature of the case affords certain general rules.  <unclear>Thes</unclear> with<lb/>
nature of the case affords certain general rules.  <unclear>Thes</unclear> with<lb/>
the reasons on which they respectively rest here follows.</p>
the reasons on which they respectively rest here follows.</p>
<p>Rule 1.  Exceptions excepted,  
<p>Rule 1.  Exceptions excepted, have all cointerestees on<lb/>
</p>
the pursuers side before you here <del>any with</del> or appoint for hearing<lb/>
 
any <add>person</add> on the Defendant's side.</p>
 
<p>Reason.  Because if there be <del>those</del> any person <add>cointerestee</add> as yet<lb/>
unheard on the Pursuer's side it may be that by the introduction<lb/>
this cointerestee will have given to some statement <add>made</add> on the side <add>part</add><lb/>
of the original Pursuer or Co-pursuers, it may turn out that<lb/>
this demand was not sufficiently grounded, in which case<lb/>
the need of subjecting any person in the character of Defendant<lb/>
to the vexation and expence attached to a suit will not have<lb/>
place.</p>
<p>Reason 2.  Because, <add>although</add> admitted that ground of the demand<lb/>
made by the original Pursuer or Pursuers is not taken <unclear>away</unclear><lb/>
still by some statement made by the as yet <gap/> Cointerestee<lb/>
it may come to have been subjected <del>to</del> in some<lb/>
<add>every</add> shape or other to vexation.  On this supposition should the statement<lb/>
in question be postponed till the time of <unclear>obedience</unclear> on the part<lb/>
of the Defendant or Defendants, still more probable of till at <add>to</add> another<lb/>
time subsequent to that time, on this <add>such</add> supposition, on the part of<lb/>
those on the Defendant's side <del><gap/></del> attendance more than one <unclear>ought</unclear><lb/>
come to be necessitated whereas in the other case the Defendant<lb/>
having <unclear>previously</unclear> to his attendance been informed <add>received information</add> of the <unclear>variance</unclear><lb/>
and been accordingly prepared for it, one single attendance might<lb/>
have sufficed.</p>
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1825. Feby. 10
Procedure Code

On this occasion as on those others, the need will have
place for committing the decision without any preemptive restraint
or determinate limit to the appropriate knowledge, judgment
active talent and attention of the Judge. But for his assertions
so long as they are not peremptory and inflexible the general
nature of the case affords certain general rules. Thes with
the reasons on which they respectively rest here follows.

Rule 1. Exceptions excepted, have all cointerestees on
the pursuers side before you here any with or appoint for hearing
any person on the Defendant's side.

Reason. Because if there be those any person cointerestee as yet
unheard on the Pursuer's side it may be that by the introduction
this cointerestee will have given to some statement made on the side part
of the original Pursuer or Co-pursuers, it may turn out that
this demand was not sufficiently grounded, in which case
the need of subjecting any person in the character of Defendant
to the vexation and expence attached to a suit will not have
place.

Reason 2. Because, although admitted that ground of the demand
made by the original Pursuer or Pursuers is not taken away
still by some statement made by the as yet Cointerestee
it may come to have been subjected to in some
every shape or other to vexation. On this supposition should the statement
in question be postponed till the time of obedience on the part
of the Defendant or Defendants, still more probable of till at to another
time subsequent to that time, on this such supposition, on the part of
those on the Defendant's side attendance more than one ought
come to be necessitated whereas in the other case the Defendant
having previously to his attendance been informed received information of the variance
and been accordingly prepared for it, one single attendance might
have sufficed.


Identifier: | JB/055/241/001"JB/" can not be assigned to a declared number type with value 55.

Date_1

1825-02-10

Marginal Summary Numbering

7-8

Box

055

Main Headings

Constitutional Code; Procedure Code

Folio number

241

Info in main headings field

Procedure Code

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

C3 / E3

Penner

Watermarks

J WHATMAN TURKEY MILL 1824

Marginals

Jeremy Bentham

Paper Producer

Jonathan Blenman

Corrections

Paper Produced in Year

1824

Notes public

ID Number

17962

Box Contents

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