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<p>1823. Nov<hi rend="superscript">r.</hi> 9<lb/> | |||
'' | <head>Constitutional Code</head></p> | ||
<p>Pursuer to check <unclear>domicile</unclear></p> | |||
<p>Art. 1. <del>When</del> Permission obtained from the Judge, <del>the pursuer</del> <add>and the</add><lb/> | |||
<del>proceeds and states his case</del> <add>the verity-promising declaration having been made, the pursuer with</add><lb/> | |||
the assistance of the Judge <add>proceeds and</add> states his case.</p> | |||
<p>Art. 2. Follow the heads under which the particulars<lb/> | |||
of a pursuers case are stated –</p> | |||
<p>1. Nature <add>Subject matter</add> of his demand service he requests at the hand of<lb/> | |||
the Judge: service which through the intervention of the Judge<lb/> | |||
he requests <add>demands</add> of and at the charge of the defendant.</p> | |||
<p>2. Ground of the demand in respect of right, in so far as depends<lb/> | |||
upon the state of the law: reference made to the portion<lb/> | |||
of law by which his right or title to those services<lb/> | |||
is, in his eyes constituted.</p> | |||
<p>3. Ground of the demand in respect of right in so far as<lb/> | |||
depends upon the question of fact upon the state of things, by<lb/> | |||
which <add>by and</add> in virtue of that same portion of law his title to<lb/> | |||
the service in question is constituted.</p> | |||
<p>4. Nature <add>Sources</add> of the proof <add>evidence</add> on which he relies for proof of<lb/> | |||
the facts or state of things in which his demand is grounded,<lb/> | |||
whether it consist of his own <del>exact statement</del> <add>statement</add> relative only<lb/> | |||
as thereupon delivered, or whether <del>by</del> to that statement <add>sources of</add> evidence<lb/> | |||
in any other shape, personal, <add>oral</add> scriptitious, or real<lb/> | |||
are within his knowledge or belief, as also his desire to see<lb/> | |||
the evidence from them received or extracted.</p> | |||
<p>Art. The above are the heads <add>topics</add> respecting which the<lb/> | |||
Judge will receive or extract <add>a</add> satisfactory conception before<lb/> | |||
he exercises the summonative function by summoning the defendant <add>party or parties</add><lb/> | |||
to meet the pursuer at the Chamber, day and time<lb/> | |||
to be appointed by him for that purpose: he will in the first<lb/> | |||
place hear what the applicant <add>would be pursuer</add> has to say in relation to those<lb/> | |||
several topics, and from it <del>he will d</del> with the help of an appropriate<lb/> | |||
blank form in letter-press he will draw up an instrument <add>a portion of discourse</add><lb/> | |||
capable of serving in the character of an instrument of summonation<lb/> | |||
to be addressed and forwarded to the party or parties on the defendant's<lb/> | |||
side: putting questions to him and receiving answers until <del>the</del> it<lb/> | |||
appears to him that<lb/> | |||
the relevant and appropriate<lb/> | |||
facts, that is to say the<lb/> | |||
party's assertions in relation<lb/> | |||
to these are sufficiently elicited: insomuch that, on the supposition that the assertions are true, they would in virtue of the portion of law referred to<hi rend="superscript">⊞</hi><lb/> | |||
<hi rend="superscript">⊞</hi> afford a sufficient authority for rendering to the applicant the services prayed <add>so demanded</add>.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1823. Novr. 9
Constitutional Code
Pursuer to check domicile
Art. 1. When Permission obtained from the Judge, the pursuer and the
proceeds and states his case the verity-promising declaration having been made, the pursuer with
the assistance of the Judge proceeds and states his case.
Art. 2. Follow the heads under which the particulars
of a pursuers case are stated –
1. Nature Subject matter of his demand service he requests at the hand of
the Judge: service which through the intervention of the Judge
he requests demands of and at the charge of the defendant.
2. Ground of the demand in respect of right, in so far as depends
upon the state of the law: reference made to the portion
of law by which his right or title to those services
is, in his eyes constituted.
3. Ground of the demand in respect of right in so far as
depends upon the question of fact upon the state of things, by
which by and in virtue of that same portion of law his title to
the service in question is constituted.
4. Nature Sources of the proof evidence on which he relies for proof of
the facts or state of things in which his demand is grounded,
whether it consist of his own exact statement statement relative only
as thereupon delivered, or whether by to that statement sources of evidence
in any other shape, personal, oral scriptitious, or real
are within his knowledge or belief, as also his desire to see
the evidence from them received or extracted.
Art. The above are the heads topics respecting which the
Judge will receive or extract a satisfactory conception before
he exercises the summonative function by summoning the defendant party or parties
to meet the pursuer at the Chamber, day and time
to be appointed by him for that purpose: he will in the first
place hear what the applicant would be pursuer has to say in relation to those
several topics, and from it he will d with the help of an appropriate
blank form in letter-press he will draw up an instrument a portion of discourse
capable of serving in the character of an instrument of summonation
to be addressed and forwarded to the party or parties on the defendant's
side: putting questions to him and receiving answers until the it
appears to him that
the relevant and appropriate
facts, that is to say the
party's assertions in relation
to these are sufficiently elicited: insomuch that, on the supposition that the assertions are true, they would in virtue of the portion of law referred to⊞
⊞ afford a sufficient authority for rendering to the applicant the services prayed so demanded.
Identifier: | JB/055/231/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-11-09 |
19-21 |
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055 |
Constitutional Code; Procedure Code |
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231 |
Constitutional Code |
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001 |
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Text sheet |
1 |
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recto |
D5 / E5 |
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17952 |
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