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< | <head>1825. <sic>Feb.<hi rend="superscript">y</hi></sic><lb/>Procedure Code.</head> <p><note><sic>Ch.</sic>VIII.<lb/>§.</note></p> <p>Note to Demand Paper B.</p> <p>( ) [Proposed Defendant,] I to wit, the person,<lb/>at whose charge, the Services, effective & judicial,<lb/>are demanded, <del>is the person</del> who would be the sufferer<lb/>by their being rendered, and who accordingly, by<lb/>a corresponding interest, is prompted to oppose <del><hi rend="underline">its</hi></del> <add>their</add><lb/>being rendered. To the pursuer, this person may be<lb/>either known, or unknown: if unknown, the application<lb/>can not as yet be any thing <add>but</add> <hi rend="underline">informative: contentious</hi><lb/>it can not be termed unless and until <add>by</add> means<lb/>of appropriate arrangements <del><gap/></del> taken by the Judge, for<lb/>the discovery of the person, a <hi rend="underline">contestation</hi> with him is<lb/>commenced. The case in which he is thus as yet unknown,<lb/>will, most commonly be a penal one: this<lb/>being the sort of case, in which, with a degree of force correspondent<lb/>to the magnitude of the suffering produced<lb/>by the obligation of rendering satisfaction, or by the punishment<lb/><add>liable to be</add> undergone, or <add>by</add> <unclear>haste</unclear>, as the case may be, his interest<lb/><add>will be</add> urging him to keep himself from being known. By<lb/>accident however this latency may have place<lb/>in a case where the Suit is simply <sic>requisitive,</sic> as to<lb/>which see Demand Paper A: as also in any case,<lb/>whether <sic>inculpative</sic> or not, in which, by the contemplation<lb/>of the inconvenience attached to the fulfilment of the<lb/>obligation endeavoured to be imposed upon him, he<lb/>is prompted to evade it.</p> | ||
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<p>Note to Demand Paper B.< | |||
[Proposed Defendant, I to wit, the person,<lb/> | |||
at whose charge, the | |||
are demanded, <del> | |||
by their being rendered, and who accordingly, by<lb/> | |||
a corresponding interest, is prompted to oppose <add>their</add> <del><hi rend="underline"> | |||
being | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1825. Feb.y
Procedure Code.
Ch.VIII.
§.
Note to Demand Paper B.
( ) [Proposed Defendant,] I to wit, the person,
at whose charge, the Services, effective & judicial,
are demanded, is the person who would be the sufferer
by their being rendered, and who accordingly, by
a corresponding interest, is prompted to oppose its their
being rendered. To the pursuer, this person may be
either known, or unknown: if unknown, the application
can not as yet be any thing but informative: contentious
it can not be termed unless and until by means
of appropriate arrangements taken by the Judge, for
the discovery of the person, a contestation with him is
commenced. The case in which he is thus as yet unknown,
will, most commonly be a penal one: this
being the sort of case, in which, with a degree of force correspondent
to the magnitude of the suffering produced
by the obligation of rendering satisfaction, or by the punishment
liable to be undergone, or by haste, as the case may be, his interest
will be urging him to keep himself from being known. By
accident however this latency may have place
in a case where the Suit is simply requisitive, as to
which see Demand Paper A: as also in any case,
whether inculpative or not, in which, by the contemplation
of the inconvenience attached to the fulfilment of the
obligation endeavoured to be imposed upon him, he
is prompted to evade it.
Identifier: | JB/056/049/001"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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049 |
Procedure Code |
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001 |
Notes to Demand Paper B |
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Copy/fair copy sheet |
1 |
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recto |
D8 / E6 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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18105 |
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