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<p>5. Note, that superiority in quality, is superiority<lb/> | <p>5. Note, that superiority in quality, is superiority<lb/> | ||
in quantity of <hi rend="underline">value</hi>.<lb/></p> | in quantity of <hi rend="underline">value</hi>.<lb/></p> | ||
C. [Ablative facts] In the case of a <hi rend="underline">wrong</hi>, an<lb/> | <p>C. [Ablative facts] In the case of a <hi rend="underline">wrong</hi>, an<lb/> | ||
inculpative fact on the part of the proposed Defendant<lb/> | inculpative fact on the part of the proposed Defendant<lb/> | ||
thence a collative fact with relation to the Pursuer's<lb/> | thence a collative fact with relation to the Pursuer's<lb/> | ||
| Line 28: | Line 28: | ||
of it, and of the groundlessness of the vexation<lb/> | of it, and of the groundlessness of the vexation<lb/> | ||
he is seeking to impose on the Defendant: and,<lb/> | he is seeking to impose on the Defendant: and,<lb/> | ||
under this state of evil consciousness, the application<lb/> | |||
he is making invalues in it an act of <hi rend="underline">insincerity</hi>,<lb/> | |||
for which he may as reasonably and beneficially be<lb/> | |||
punished, as for <hi rend="underline">mendacious</hi> evidence, in relation<lb/> | |||
to any <hi rend="underline">external</hi> and <hi rend="underline">physical</hi> fact. As to this matter,<lb/> | |||
see further what is said in relation to counterevidence<lb/></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. Feb.y March 12 Revised
Procedure Code Ch.VIII.
S.
Notes to Demand Paper B.
4. From the Defendant's counterstatement;
should any , it will appear what is the object
of his contestation: whether it is the applicability
of the alledged collative fact; on only the quantity on
value assigned to the subject matter of the demand
5. Note, that superiority in quality, is superiority
in quantity of value.
C. [Ablative facts] In the case of a wrong, an
inculpative fact on the part of the proposed Defendant
thence a collative fact with relation to the Pursuer's
right on title satisfaction at his charge is an act
of the of those which, by the law in question, are
constituted offences, unless accompanied by some
one of the circumstances included in a correspondent
list of justificative on exemptive circumstances
If any such ablative fact has place, his
title to the service in question has no place If, of
any such ablative fact the existence be known,
to him, he is in a state of evil consciousness with
relation to his demand, consciousness of the invalidity
of it, and of the groundlessness of the vexation
he is seeking to impose on the Defendant: and,
under this state of evil consciousness, the application
he is making invalues in it an act of insincerity,
for which he may as reasonably and beneficially be
punished, as for mendacious evidence, in relation
to any external and physical fact. As to this matter,
see further what is said in relation to counterevidence
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Identifier: | JB/056/046/001"JB/" can not be assigned to a declared number type with value 56. |
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1825-02 |
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056 |
Procedure Code |
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046 |
Procedure Code |
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001 |
Notes to Demand Paper B |
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recto |
D5 / E3 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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[[notes_public::"March 12 Revised" [note in Bentham's hand]]] |
18102 |
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