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< | <head>1825 <sic>Feb.<hi rend="superscript">y</hi></sic> March 11 Revised.<lb/>Procedure Code. Ch. VIII</head> | ||
<p>— not <sic>inculpative.</sic><lb/>stated, for the purpose of the Judge's determination whether to call<lb/>comply with the demand or contest it.</p> <!-- the text is arranged in two columns --><p>V.</p> <p><hi rend="underline">Collative fact <!-- addition in pencil --><add>or facts</add> <sic>alledged</sic></hi></p> <p>This will be an individual event, or<lb/>state of things, of the number of those,<lb/>which, in virtue of the correspondent<lb/>collative portion of Law, have the effect<lb/>of giving to the persons in whose favour<lb/>they have place, the right to demand an<lb/>Effective Service of the sort in N<hi rend="superscript">o</hi>. III.<lb/>mentioned.<lb/></p> <p>VI.</p> <p><hi rend="underline">Co-Demandant or Co-Demandants, if<lb/>any, and proposed Defendant or Defendants</hi>:<lb/>those persons, to wit, who<lb/>by the pursuer, are looked to in these<lb/>several capacities: with their several<lb/>descriptions, as far as known, or believed;<lb/>and under the same heads, as<lb/>in <sic>N<hi rend="superscript">o.</hi></sic> 1: also the means of intercourse<lb/>with them, as per <sic>N<hi rend="superscript">o.</hi></sic> II.</p> <p>VII.</p> <p><hi rend="underline"><add>Sources of</add> Evidence looked to in proof of the Collative<lb/>fact or facts, <sic>alledged</sic> as per <sic>No.</sic> V.</hi></p> <p><del>Under this head will <add>not</add> be to be entered<lb/>on this paper, anything besides the <hi rend="underline">sources</hi><lb/>of the evidence known or supposed<lb/>to be <gap/>related</del> to wit, such persons,<lb/>together with such writings, & such other<lb/>things if any, as the demandant looks to<lb/>in that character, for support to his demand.<lb/>The evidence itself will remain<lb/>to be elicited at the hearing, from these<lb/>its several sources.</p> <pb/> <p>VIII.</p> <p><hi rend="underline">Ablative facts <sic>negatived.</sic></hi></p> <p>Of any adequate ablative fact, the effect<lb/>is — in every case to take away any<lb/>right conferred by a collative <add>fact</add>. The affirmance<lb/>of the non existence of all<lb/>such ablative facts must therefore be<lb/>exacted, as well as the assurance of<lb/>the existence of a right to the Effective<lb/>Service, as per <sic>N<hi rend="superscript">o</hi>.</sic> III.</p> <p>IX.</p> <p><hi rend="underline">Counterevidence, if any, from what<lb/>sources expected.</hi></p> <p>Counterevidence is Evidence either<lb/>in disproval of a fact which, with reference<lb/>to the Demandant's demand<lb/>is a <hi rend="underline">collative</hi> fact, as per <sic>N<hi rend="superscript">o</hi>. V.</sic>: or<lb/>in proof of a fact which, with reference<lb/>to it, is an <hi rend="underline">ablative</hi> fact, as per <sic>N<hi rend="superscript">o</hi>.</sic> VIII.</p> <p><hi rend="underline">Judicial service demanded</hi></p> <p>This Judicial Service will consist<lb/>in the performance of all such acts<lb/>as will be most purely conductive to<lb/>the causing the inchoate right in<lb/>question to become consummate, in<lb/>execution of the ordinance to that<lb/>effect contained in the correspondent<lb/>portion of the <hi rend="underline">Right conferring</hi> Code.<lb/>What these acts are, it belongs to the Judge<lb/>already to know. Under this head, he will<lb/>not have to elicit information from any<lb/>party on either side.</p> | |||
<p> | |||
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<p>V. | |||
<p><hi rend="underline">Collative fact alledged</ | |||
<p>This will be an individual event, or<lb/> | |||
state of things, of the number of those,<lb/> | |||
which, in virtue of the correspondent<lb/> | |||
collative portion of Law, have the effect<lb/> | |||
of giving to the persons in whose favour<lb/> | |||
they have place, the right to demand an<lb/> | |||
Effective | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1825 Feb.y March 11 Revised.
Procedure Code. Ch. VIII
— not inculpative.
stated, for the purpose of the Judge's determination whether to call
comply with the demand or contest it.
V.
Collative fact or facts alledged
This will be an individual event, or
state of things, of the number of those,
which, in virtue of the correspondent
collative portion of Law, have the effect
of giving to the persons in whose favour
they have place, the right to demand an
Effective Service of the sort in No. III.
mentioned.
VI.
Co-Demandant or Co-Demandants, if
any, and proposed Defendant or Defendants:
those persons, to wit, who
by the pursuer, are looked to in these
several capacities: with their several
descriptions, as far as known, or believed;
and under the same heads, as
in No. 1: also the means of intercourse
with them, as per No. II.
VII.
Sources of Evidence looked to in proof of the Collative
fact or facts, alledged as per No. V.
Under this head will not be to be entered
on this paper, anything besides the sources
of the evidence known or supposed
to be related to wit, such persons,
together with such writings, & such other
things if any, as the demandant looks to
in that character, for support to his demand.
The evidence itself will remain
to be elicited at the hearing, from these
its several sources.
---page break---
VIII.
Ablative facts negatived.
Of any adequate ablative fact, the effect
is — in every case to take away any
right conferred by a collative fact. The affirmance
of the non existence of all
such ablative facts must therefore be
exacted, as well as the assurance of
the existence of a right to the Effective
Service, as per No. III.
IX.
Counterevidence, if any, from what
sources expected.
Counterevidence is Evidence either
in disproval of a fact which, with reference
to the Demandant's demand
is a collative fact, as per No. V.: or
in proof of a fact which, with reference
to it, is an ablative fact, as per No. VIII.
Judicial service demanded
This Judicial Service will consist
in the performance of all such acts
as will be most purely conductive to
the causing the inchoate right in
question to become consummate, in
execution of the ordinance to that
effect contained in the correspondent
portion of the Right conferring Code.
What these acts are, it belongs to the Judge
already to know. Under this head, he will
not have to elicit information from any
party on either side.
Identifier: | JB/056/037/003"JB/" can not be assigned to a declared number type with value 56. |
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1825-02 |
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056 |
Procedure Code |
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037 |
Procedure Code Ch. VIII |
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003 |
Demand Paper A |
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recto |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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[[notes_public::"March 11 Revised" [note in Bentham's hand]]] |
18093 |
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