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<p>1825. Feb<hi rend="superscript">y</hi>. March 11 Revised<lb/>
<head>1825. <sic>Feb<hi rend="superscript">y</hi>.</sic> <add>March 11 Revised C.</add><lb/>Procedure Code <add><sic>Ch.</sic> VIII</add></head> <p>Inculpative &#x2014; Offence, Suit, and case, penal and purely public.<lb/>be stated, for the purpose of the Judge's determination, whether to call<lb/>to comply with the demand, or to contest it.</p> <!-- this page is arranged in two columns --> <p>VI.</p> <p><add>Sources of the</add> <hi rend="underline">Evidence looked to in proof of the Collative<lb/>fact, alleged as per <sic>No.</sic> III.</hi><lb/><del>Under this head will <add>not</add> be to be entered<lb/>on this paper, anything besides<lb/>the <hi rend="underline">sources</hi> of the Evidence known or<lb/> supposed to be obtainable</del> to wit, such<lb/><hi rend="underline">persons</hi>, together with such <hi rend="underline">writings</hi>, &amp;<lb/>such other <hi rend="underline">things</hi>, if any, as the Pursuer<lb/> looks to in that character, for support<lb/>to his demand. The Evidence<lb/>itself will remain to be elicited, at<lb/>the hearing, from those it's several<lb/>sources.</p> <p>VII.</p> <p><hi rend="underline">Ablative facts <sic>negatived.</sic></hi> <hi rend="superscript">[+]</hi><lb/>Of any adequate <hi rend="underline">ablative</hi> fact, the<lb/>effect will be, in every case to <hi rend="underline">take<lb/>away</hi> any right conferred by a <hi rend="underline">collative</hi><lb/>fact.  The affirmance of the <hi rend="underline">non<lb/>existence</hi> of all such <hi rend="underline">ablative</hi> facts<lb/>must therefore be exacted, as well as<lb/>the affirmance of the <hi rend="underline">existence</hi> of a <hi rend="underline">collative<lb/>fact</hi>, as per <sic>N<hi rend="superscript">o</hi>.</sic> III. &amp; thence of a right<lb/>to the Effective Service, demanded, as per <sic>N<hi rend="superscript">o.</hi></sic>I.<lb/><!-- pencil bracket in the left hand margin around the remainder of the text in this column -->In the case of a criminal offence, <hi rend="underline">collative<lb/>circumstances</hi> will be the several <sic>inculpative,</sic><lb/>criminative &amp; aggravative circumstances<lb/>belonging to the description of the<lb/>act: ablative, the several <sic>justificative, exemptive</sic><lb/>&amp; alleviative circumstances.  For<lb/>exact lists of all these several sorts of circumstances,<lb/>see the Penal Code.</p> <pb/> <p>VIII.</p> <p><hi rend="underline">Counter-evidence, if any, from what<lb/>sources expected</hi>.  Counter-evidence<lb/>is Evidence either in <hi rend="underline">disproof</hi> of a<lb/>fact which, with reference to the Pursuer's<lb/>Demand is a <hi rend="underline">collative</hi> fact, as<lb/> per <sic>N<hi rend="superscript">o.</hi></sic> III., or in <hi rend="underline">proof</hi> of a fact<lb/>which, with reference to it, is an<lb/><hi rend="underline">ablative fact</hi>, as per <sic>N<hi rend="superscript">o.</hi></sic> VII.</p> <p>IX.</p> <p><hi rend="underline">Judicial Service demanded</hi>.<lb/>This will consist in the performance<lb/>of all such judicial acts, as<lb/>will be necessary to the causing<lb/>the Collative portion of Law, as per<lb/><sic>N<hi rend="superscript">o.</hi></sic> II. to receive, at the charge of the<lb/>Defendant, its execution and effect,<lb/>and thereby the Effective Service, as<lb/>per <sic>N<hi rend="superscript">o.</hi></sic> I. to be rendered.</p> <!-- line in pencil across the column --> <p> [+] VII continued</p> <p>Ablative, with relation to the Pursuer's<lb/>title to the Service demanded by<lb/>him, these facts will, with relation to the<lb/><sic>burthen</sic> imposed on the Defendant, by<lb/>the obligation of rendering that same<lb/>service, be exonerative.</p>
edure Code Ch.<lb/></p>
<p><gap/>pative_Offence, suit, and case, penal and purely public.<lb/>
be stated, for the purpose of the Judge's determination, whether to call<lb/>
to comply with the demand, or to contest it.<lb/></p>
<p>VI.<lb/></p>
<add>Sources of the</add> <hi rend="underline">Evidence looked to in proof of the Collative</hi><lb/>
<hi rend="underline">fact, alleged <gap/> per N<hi rend="superscript">o</hi>. 112.</hi><lb/>


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Latest revision as of 14:56, 9 January 2025

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1825. Feby. March 11 Revised C.
Procedure Code Ch. VIII

Inculpative — Offence, Suit, and case, penal and purely public.
be stated, for the purpose of the Judge's determination, whether to call
to comply with the demand, or to contest it.

VI.

Sources of the Evidence looked to in proof of the Collative
fact, alleged as per No. III.

Under this head will not be to be entered
on this paper, anything besides
the sources of the Evidence known or
supposed to be obtainable
to wit, such
persons, together with such writings, &
such other things, if any, as the Pursuer
looks to in that character, for support
to his demand. The Evidence
itself will remain to be elicited, at
the hearing, from those it's several
sources.

VII.

Ablative facts negatived. [+]
Of any adequate ablative fact, the
effect will be, 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 affirmance of the existence of a collative
fact
, as per No. III. & thence of a right
to the Effective Service, demanded, as per No.I.
In the case of a criminal offence, collative
circumstances
will be the several inculpative,
criminative & aggravative circumstances
belonging to the description of the
act: ablative, the several justificative, exemptive
& alleviative circumstances. For
exact lists of all these several sorts of circumstances,
see the Penal Code.


---page break---

VIII.

Counter-evidence, if any, from what
sources expected
. Counter-evidence
is Evidence either in disproof of a
fact which, with reference to the Pursuer's
Demand is a collative fact, as
per No. III., or in proof of a fact
which, with reference to it, is an
ablative fact, as per No. VII.

IX.

Judicial Service demanded.
This will consist in the performance
of all such judicial acts, as
will be necessary to the causing
the Collative portion of Law, as per
No. II. to receive, at the charge of the
Defendant, its execution and effect,
and thereby the Effective Service, as
per No. I. to be rendered.

[+] VII continued

Ablative, with relation to the Pursuer's
title to the Service demanded by
him, these facts will, with relation to the
burthen imposed on the Defendant, by
the obligation of rendering that same
service, be exonerative.



Identifier: | JB/056/039/003"JB/" can not be assigned to a declared number type with value 56.

Date_1

1825-02

Marginal Summary Numbering

Box

056

Main Headings

Procedure Code

Folio number

039

Info in main headings field

Procedure Code Ch. VIII

Image

003

Titles

Demand Paper C

Category

Plan

Number of Pages

2

Recto/Verso

recto

Page Numbering

Penner

Watermarks

J WHATMAN TURKEY MILL 1824

Marginals

Paper Producer

Jonathan Blenman

Corrections

Jeremy Bentham

Paper Produced in Year

1824

Notes public

[[notes_public::"March 11 Revised" [note in Bentham's hand]]]

ID Number

18095

Box Contents

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