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<head>1827 May 24</head> <!-- in pencil --> <p><note><sic>ult<hi rend="superscript">o</hi><lb/>Ch.</sic> 1. All-embracing arrangements<lb/>§.3 Ends in view</note></p> <p>§.3. <hi rend="underline">Ends in view</hi></p> <p><hi rend="underline">Expositive</hi></p> <p | <head>1827 May 24<lb/>Procedure Code</head> <!-- in pencil --> <p>C <del><gap/></del> 4 <note><sic>ult<hi rend="superscript">o</hi><lb/>Ch.</sic> 1. All-embracing arrangements</note><lb/>(1 <note>§.3 Ends in view</note></p> <p>§.3. <hi rend="underline">Ends in view</hi></p> <p><hi rend="underline">Expositive</hi></p> <p><note><sic>Art.</sic> 1. Ends in view direct<lb/>and collateral</note></p> <p><sic>Art.</sic> 1. <hi rend="underline">Direct</hi> and <hi rend="underline">collateral</hi> — Under<lb/><add>one or other of</add> these heads may <add>be realised/be <sic>comprized</sic></add> all the several ends in view <del>looked to as</del><lb/>the attainment of view is arrived at in and by the several<lb/>operators employed and operations employed by them in this<lb/>same system of procedure or say Procedure Code</p> <p><hi rend="underline">Expositive</hi></p> <p><note><sic>Art.</sic> 2. One directed end<lb/>rectitude of decision.</note></p> <p><sic>Art.</sic> 2. On each individual occasion, rectitude of<lb/>decision: <add>that is to say</add> of the decision come to and pronounced with the<lb/>view to and for the purpose of giving execution and effect to such<lb/>portion of the matter of law as belongs <add>and is applicable</add> to <del>and bears</del> the occasion</p> <p><add>This may be stated in the one direct and aimed at in and by the several arrangements made<lb/><del>at</del> by them and corresponding<lb/>to the several ordinances<lb/>contained in this same<lb/>system of Procedure, or<lb/>say Procedure Code</add></p> <p>Expositive</p> <p><note><sic>Art.</sic> 3. Rectitude of decision<lb/>may fail to have place<lb/>by <sic>misdecision</sic> or by<lb/><sic>nondecision</sic></note></p> <p><sic>Art.</sic> 3. But <del><gap/></del> by either of his modes of action the one<lb/>positive the other negative rectitude of decision may fail to<lb/>have place <del>positive</del> <add>that is to say</add> <sic>misdecision</sic> <add>a positive act</add> <del><gap/></del> which <add>in all cases</add> is the reverse of<lb/>right decision, and non-decision which in so far as<lb/>positive decision is necessary to the giving execution and effect<lb/>to the portion of the law in question may have <add>has</add> the same effect as<lb/>undue decision <del>to the prejudice</del> <add><del>detrimental</del> in disfavour</add> of the pursuer's side.</p> <p>Expositive</p> <p><note><sic>Art.</sic> 4. Hence two branches<lb/>of the one direct end<lb/>1 <del>negative</del> <add>positive</add> branch<lb/>avoidance of <sic>misdecision</sic><lb/>2. Negative branch<lb/>avoidance of non decision</note></p> <p><sic>Art.</sic> 4. Thus it is that the one direct cast of the system of judicial<lb/>procedure divides itself <add>branches out</add> into two branches to wit avoidance of<lb/><sic>misdecision,</sic> and avoidance of non-decision: avoidance<lb/>of <sic>misdecision</sic> — the negative <add>positive</add> branch, avoidance of non-decision —<lb/>the positive branch.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1827 May 24
Procedure Code
C 4 ulto
Ch. 1. All-embracing arrangements
(1 §.3 Ends in view
§.3. Ends in view
Expositive
Art. 1. Ends in view direct
and collateral
Art. 1. Direct and collateral — Under
one or other of these heads may be realised/be comprized all the several ends in view looked to as
the attainment of view is arrived at in and by the several
operators employed and operations employed by them in this
same system of procedure or say Procedure Code
Expositive
Art. 2. One directed end
rectitude of decision.
Art. 2. On each individual occasion, rectitude of
decision: that is to say of the decision come to and pronounced with the
view to and for the purpose of giving execution and effect to such
portion of the matter of law as belongs and is applicable to and bears the occasion
This may be stated in the one direct and aimed at in and by the several arrangements made
at by them and corresponding
to the several ordinances
contained in this same
system of Procedure, or
say Procedure Code
Expositive
Art. 3. Rectitude of decision
may fail to have place
by misdecision or by
nondecision
Art. 3. But by either of his modes of action the one
positive the other negative rectitude of decision may fail to
have place positive that is to say misdecision a positive act which in all cases is the reverse of
right decision, and non-decision which in so far as
positive decision is necessary to the giving execution and effect
to the portion of the law in question may have has the same effect as
undue decision to the prejudice detrimental in disfavour of the pursuer's side.
Expositive
Art. 4. Hence two branches
of the one direct end
1 negative positive branch
avoidance of misdecision
2. Negative branch
avoidance of non decision
Art. 4. Thus it is that the one direct cast of the system of judicial
procedure divides itself branches out into two branches to wit avoidance of
misdecision, and avoidance of non-decision: avoidance
of misdecision — the negative positive branch, avoidance of non-decision —
the positive branch.
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Identifier: | JB/056/127/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-05-24 |
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056 |
Procedure Code |
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127 |
Procedure Code |
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001 |
Expositive |
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Text sheet |
1 |
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recto |
D4 / E1 |
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J WHATMAN TURKEY MILL 1826 |
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Jonathan Blenman |
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1826 |
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18183 |
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