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<head>1827. <sic>Oct<hi rend="superscript">r.</hi></sic> +<lb/>Law Amendments</head> <p><note>2<hi rend="superscript">o</hi><lb/>Propositions<lb/><add>&sect;5. Procedure<lb/>Applications and Suits</add></note></p> <p><note>1<lb/>Judicial applications for<lb/>other purposes than for<lb/>commencement of a suit</note></p> <p>By a <add>the</add> Judge as above applications say judiciary applications<lb/>may and should be received for other purposes than<lb/>that of the giving commencement to a suit in which the applicant<lb/>is demandant in the character <add>whether under the name</add> of plaintiff <!-- brackets in pencil --> [<hi rend="underline">or</hi> prosecutor]</p> <p><note>By a demandant what<lb/>is demanded at the hands<lb/>of the Judge may be the<lb/>conferring of a right<lb/>when in respect thereof<lb/>no wrong is imputable<lb/>to any one, or the obtaining<lb/>redress or other<lb/>remedy for wrong<lb/>already done<lb/><lb/><!-- continues along the edge of the page --><add>The person for whom such<lb/>remedy is demanded may be either the demandant himself<lb/>or some other person</add></note></p> <p><note>2<lb/>for giving or for obtaining<lb/>evidence</note></p> <p>In every case in which <add>In the character of plaintiff he is not</add> <del>the object of either</del> for the purpose<lb/>of causing himself or some one else to be admitted as plaintiff<lb/><!-- brackets in pencil --> [or prosecutor] his purpose in applying will <del>be inferred to the</del> <add>either be simply</add><lb/>giving [simple] information in other words <hi rend="underline">evidence</hi>, or the obtainment<lb/>of it.</p> <p><note>3<lb/>Of Evidence thus given the<lb/>object either redress of<lb/>wrong or prevention of<lb/>damage &#x2014; of human wrong<lb/>or physical calamity &amp;<lb/>casualty</note></p> <p>Evidence or information thus given will have for its object<lb/>either <add>remedy applicable to</add> redress of wrong already sustained, <add>done and suffered</add> or prevention of<lb/>damage whether by human or mere physical agency<lb/>as in case of calamity and casualty <del><gap/></del> <add>casualty &#x2014; a name employable <!-- continues in the margin -->where the evil is<lb/>not regarded as of importance<lb/>enough to<lb/>receive the name of<lb/>calamity.</add></p> <p><note>4<lb/><add>For</add> Prevention of wrong<lb/>Subject Matter <add>of the evidence</add> 1 the state<lb/>of the law, 2 the state of<lb/>matter of fact</note></p> <p>In regard to the prevention of wrong it may have for its<lb/>subject matter either the state of the law, or the state of the <add>some</add> matter<lb/>of fact</p> <p><note>5<lb/>For prevention of damage<lb/><del>Judicial</del> <add>Judge's</add> function exercised<lb/>in concurrence<lb/>with the Preventive<lb/>Service Minister</note></p> <p>In taking cognizance of an application made <del>from</del> for prevention<lb/>of damage <del>by</del> whether by delinquency or by mere<lb/> physical agency the authority exercised by the Judge will be exercised<lb/>in concurrence with the <del>functionary</del> Secretary for home<lb/>affairs in his <del>capa</del> quality as it may be called of Preventive<lb/>Service Minister.  Stoppage is prevention: prevention of whatsoever<lb/>remains undone. Prevention of repetition is the stoppage of a<lb/><add>habit.  Where perfect stoppage of the mischief is not, alleviation may be practicable</add><lb/>habit.  Whether it be in the Judge, in the Preventive Service<lb/>Minister, his depute and subordinates, or both, <del>the</del> power for issuing<lb/>such mandate as may be conducive and necessary to the <del><gap/></del> prevention<lb/>or stoppage of the damage though it have for its cause no other<lb/>than merely physical agency, ought to exist somewhere</p> <p>(a) Of Calamities, the principal may be thus enumerated</p>
 
 


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1827. Octr. +
Law Amendments

2o
Propositions
§5. Procedure
Applications and Suits

1
Judicial applications for
other purposes than for
commencement of a suit

By a the Judge as above applications say judiciary applications
may and should be received for other purposes than
that of the giving commencement to a suit in which the applicant
is demandant in the character whether under the name of plaintiff [or prosecutor]

By a demandant what
is demanded at the hands
of the Judge may be the
conferring of a right
when in respect thereof
no wrong is imputable
to any one, or the obtaining
redress or other
remedy for wrong
already done

The person for whom such
remedy is demanded may be either the demandant himself
or some other person

2
for giving or for obtaining
evidence

In every case in which In the character of plaintiff he is not the object of either for the purpose
of causing himself or some one else to be admitted as plaintiff
[or prosecutor] his purpose in applying will be inferred to the either be simply
giving [simple] information in other words evidence, or the obtainment
of it.

3
Of Evidence thus given the
object either redress of
wrong or prevention of
damage — of human wrong
or physical calamity &
casualty

Evidence or information thus given will have for its object
either remedy applicable to redress of wrong already sustained, done and suffered or prevention of
damage whether by human or mere physical agency
as in case of calamity and casualty casualty — a name employable where the evil is
not regarded as of importance
enough to
receive the name of
calamity.

4
For Prevention of wrong
Subject Matter of the evidence 1 the state
of the law, 2 the state of
matter of fact

In regard to the prevention of wrong it may have for its
subject matter either the state of the law, or the state of the some matter
of fact

5
For prevention of damage
Judicial Judge's function exercised
in concurrence
with the Preventive
Service Minister

In taking cognizance of an application made from for prevention
of damage by whether by delinquency or by mere
physical agency the authority exercised by the Judge will be exercised
in concurrence with the functionary Secretary for home
affairs in his capa quality as it may be called of Preventive
Service Minister. Stoppage is prevention: prevention of whatsoever
remains undone. Prevention of repetition is the stoppage of a
habit. Where perfect stoppage of the mischief is not, alleviation may be practicable
habit. Whether it be in the Judge, in the Preventive Service
Minister, his depute and subordinates, or both, the power for issuing
such mandate as may be conducive and necessary to the prevention
or stoppage of the damage though it have for its cause no other
than merely physical agency, ought to exist somewhere

(a) Of Calamities, the principal may be thus enumerated



Identifier: | JB/056/172/001"JB/" can not be assigned to a declared number type with value 56.

Date_1

1827-10-19

Marginal Summary Numbering

1-5

Box

056

Main Headings

Law Amendment

Folio number

172

Info in main headings field

Law Amendments

Image

001

Titles

Category

Text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

C1

Penner

Watermarks

Marginals

George Bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

18228

Box Contents

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