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is a course of probation <sic>compleat</sic> or <sic>incompleat</sic> <lb/> | is a course of probation <sic>compleat</sic> or <sic>incompleat</sic> <lb/> | ||
and partial, as it may happen, is involved<lb/> | and partial, as it may happen, is involved<lb/> | ||
in and performed by the suit commences.</p> | in and performed by the operation of application<lb/> | ||
by and with which the suit commences.</p> | |||
<note>3<lb/> | <note>3<lb/> | ||
Contain two averments<lb/> | Contain two averments<lb/> | ||
1 as to matter of laid<lb/> | |||
<del>In</del> as to matter of fact</note><lb/> | <del>In</del> as to matter of fact</note><lb/> | ||
<p>It includes in it constantly two<lb/> | <p>It includes in it constantly two<lb/> | ||
| Line 35: | Line 36: | ||
matter of law, declaring the existence of a portion<lb/> | matter of law, declaring the existence of a portion<lb/> | ||
of the Code to this or that effect: the other, having<lb/> | of the Code to this or that effect: the other, having<lb/> | ||
for it's subject matter of fact, to wit an individual<lb/> | for it's subject-matter of fact, to wit an individual<lb/> | ||
fact, <del>being of the number</del> belonging to a<lb/> | fact, <del>being of the number</del> belonging to a<lb/> | ||
class | class of facts, in relation to which an arrangement,<lb/> | ||
to the effect stated above, has been<lb/> | to the effect stated above, has been<lb/> | ||
made | made of the portion in question of the text<lb/> | ||
of the law.</p> | of the law.</p> | ||
<note>4<lb/> | <note>4<lb/> | ||
| Line 48: | Line 49: | ||
<p>If the application the substance<add>object</add> and<lb/> | <p>If the application the substance<add>object</add> and<lb/> | ||
effect <add>purport</add> has been to demand at the hands of the<lb/> | effect <add>purport</add> has been to demand at the hands of the<lb/> | ||
Judge, a certain Judicial service: this service<lb/> | |||
consists in giving, <add>on the occasion in question</add> execution and effect to a<lb/> | consists in giving, <add>on the occasion in question</add> execution and effect to a<lb/> | ||
certain portion of the text of the Code, viz the<lb/> | certain portion of the text of the Code, viz the<lb/> | ||
portion spoken of, and the warrant, by the<lb/> | portion just spoken of, and the warrant, by the<lb/> | ||
operation which the Judge is so called upon to<lb/> | operation which the Judge is so called upon to<lb/> | ||
perform, is the existence of the abovementioned<lb/> | perform, is the existence of the abovementioned<lb/> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1826. Septr.
Procedure Code
Ch. All-embracing arrangments
S. Probation.
S. Probation. or say Of Evidence-holders
1
Probation performed
in all cases on Pursuers
in many on Defendants'
side
Probation is an operation which, in
all cases, must be performed on the Pursuer's side,
and in many instances comes to be performed on
Defendant's side.
2
On bursuries side
compleat or partial
On the Pursuer's side, used in this
system of procedure it being the natural one, it
is a course of probation compleat or incompleat
and partial, as it may happen, is involved
in and performed by the operation of application
by and with which the suit commences.
3
Contain two averments
1 as to matter of laid
In as to matter of fact
It includes in it constantly two
assertions. averments. The matter of one of them being the
matter of law, declaring the existence of a portion
of the Code to this or that effect: the other, having
for it's subject-matter of fact, to wit an individual
fact, being of the number belonging to a
class of facts, in relation to which an arrangement,
to the effect stated above, has been
made of the portion in question of the text
of the law.
4
Service demanded
application of the
matter of law to the
matter of fact
If the application the substanceobject and
effect purport has been to demand at the hands of the
Judge, a certain Judicial service: this service
consists in giving, on the occasion in question execution and effect to a
certain portion of the text of the Code, viz the
portion just spoken of, and the warrant, by the
operation which the Judge is so called upon to
perform, is the existence of the abovementioned
matter of fact, bearing such relation as above
mentioned to the abovementioned portion ofthe matter of law.
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