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<p>1824. Dec<hi rend="superscript">r.</hi> 7<lb/> | |||
'' | <head>Procedure Code</head><lb/> | ||
<note>Ch. <del>Means of execution</del> Nomenclature Classification<lb/> | |||
§.</note></p> | |||
<p><del>The means of execution are either operations or<lb/> | |||
instruments: instruments whereby or wherewith the operations<lb/> | |||
are performed.</del></p> | |||
<p>Of these instruments there are various sorts,<lb/> | |||
in another place they will be brought to view: a judicial <add>the decree<lb/> | |||
of the Judge</add> decree is one of them. Of <del>these</del> <add>the sorts of</add> decrees for which occasion<lb/> | |||
may arise <add>springs up</add> in the course of the suit the number is incapable <add>not<lb/> | |||
susceptible</add> of liquidation: be it ever so great those words<lb/> | |||
initiatory, <hi rend="underline">interlocutory</hi> and <hi rend="underline">definitive</hi> will <add>may</add> suffice to comprehend<lb/> | |||
them all. By the initiatory decree the course of judicature<lb/> | |||
is issued, by the several interlocutory decrees <unclear>continued</unclear><lb/> | |||
by the definitive decree closed.</p> | |||
<p><hi rend="underline">Initiatory application</hi> is the act of a party: or<lb/> | |||
if of parties more than one of <add>the</add> parties on one side only<lb/> | |||
namely <add>to wit</add> the pursuer's.</p> | |||
<p>Contestation is <add>also</add> the act of a party: or if of parties<lb/> | |||
more than one, of the parties only: to wit the defendants.</p> | |||
<p><add>If the suit has place</add> Initiation can not but have place. <del><gap/></del></p> | |||
<p>Contestation may have place or not, as it may happen<lb/> | |||
if it has not, the party <add>not</add> being at the same time unable to<lb/> | |||
give existence to it so much the better: <del>against <add>denied</add> his<lb/> | |||
<gap/> <gap/></del> disagreement has given place to agreement;<lb/> | |||
discord to concord.</p> | |||
<p>Probation is the act either of a party, litigant<lb/> | |||
or of a non-litigant witness, of a witness who is not on <add>by whose on neither<lb/> | |||
side the status desirable of a party is <unclear>occasioned</unclear> or approved one</add><lb/> | |||
party on either side.</p> | |||
<p><del>It is performed</del> On the pursuer's side it must be<lb/> | |||
performed or the suit is at an end: on the defendant's side<lb/> | |||
it is performed or not as it may happen.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1824. Decr. 7
Procedure Code
Ch. Means of execution Nomenclature Classification
§.
The means of execution are either operations or
instruments: instruments whereby or wherewith the operations
are performed.
Of these instruments there are various sorts,
in another place they will be brought to view: a judicial the decree
of the Judge decree is one of them. Of these the sorts of decrees for which occasion
may arise springs up in the course of the suit the number is incapable not
susceptible of liquidation: be it ever so great those words
initiatory, interlocutory and definitive will may suffice to comprehend
them all. By the initiatory decree the course of judicature
is issued, by the several interlocutory decrees continued
by the definitive decree closed.
Initiatory application is the act of a party: or
if of parties more than one of the parties on one side only
namely to wit the pursuer's.
Contestation is also the act of a party: or if of parties
more than one, of the parties only: to wit the defendants.
If the suit has place Initiation can not but have place.
Contestation may have place or not, as it may happen
if it has not, the party not being at the same time unable to
give existence to it so much the better: against denied his
disagreement has given place to agreement;
discord to concord.
Probation is the act either of a party, litigant
or of a non-litigant witness, of a witness who is not on by whose on neither
side the status desirable of a party is occasioned or approved one
party on either side.
It is performed On the pursuer's side it must be
performed or the suit is at an end: on the defendant's side
it is performed or not as it may happen.
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Identifier: | JB/054/040/001"JB/" can not be assigned to a declared number type with value 54. |
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1824-12-07 |
25 |
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054 |
procedure code |
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040 |
extracted from procedure code |
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001 |
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text sheet |
1 |
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recto |
c2* |
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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17559 |
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