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of counterevidence Subheads for enquiry, the same<lb/> | of counterevidence Subheads for enquiry, the same<lb/> | ||
as in the case of the <hi rend="underline">Demand</hi>, as above<lb/></p> | as in the case of the <hi rend="underline">Demand</hi>, as above<lb/></p> | ||
( ) [ Judicial service.] Under this head will<lb/> | <p>( ) [ Judicial service.] Under this head will<lb/> | ||
be comprised whatever chain of operations may<lb/> | be comprised whatever chain of operations may<lb/> | ||
be necessary to be performed by the Judge, <gap/> the<lb/> | be necessary to be performed by the Judge, <gap/> the<lb/> | ||
| Line 27: | Line 27: | ||
have been rendered to the pursuer. These operations<lb/> | have been rendered to the pursuer. These operations<lb/> | ||
or <hi rend="underline">elementary judicial service</hi> as they may be called,<lb/> | or <hi rend="underline">elementary judicial service</hi> as they may be called,<lb/> | ||
will be the result of the exercise given to the<lb/> | |||
several distinguishable functions brought to view<lb/> | |||
in the Constitutional Code, Ch. XII. Judiciary - S. q<lb/> | |||
<hi rend="underline">Elementary functions</hi>; the last links in the chain being<lb/> | |||
constituted by the exercise given to the imperative<lb/> | |||
function by means of the mandate or mandates by<lb/> | |||
which execution & effect are given to that portion of<lb/> | |||
law which the Pursuer's Demand has in this case for it's<lb/> | |||
ground. To bring to view these operations in all the varieties<lb/> | |||
of which they are susceptible will be the occupation<lb/> | |||
of the whole remainder of this same Procedure Code<lb/></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. Feb.y
Procedure Code Ch VIII
5.
The facts to which the counterevidence applies
may as well be those which, with relation to the
Pursuer's title bear the relation of ablative facts, as
those which bear to it the relation of collative facts
If they where the facts it applies to are collative
facts, the tendency of it will be either to disprove in a
direct way the existence of them the so alledged collative or
to cause to be regarded as unreasonable the inference
deduced in affirmance of it them from the evidence
on that side: if the facts are ablative facts, the tendency
of it will be to prove the existence of those same
ablative facts.
( ) [ Counterdemand if any] Reasons, for inquiry
under this head, are the same as in case
of counterevidence Subheads for enquiry, the same
as in the case of the Demand, as above
( ) [ Judicial service.] Under this head will
be comprised whatever chain of operations may
be necessary to be performed by the Judge, the
effective service, on some succeedaneum to it, can
have been rendered to the pursuer. These operations
or elementary judicial service as they may be called,
will be the result of the exercise given to the
several distinguishable functions brought to view
in the Constitutional Code, Ch. XII. Judiciary - S. q
Elementary functions; the last links in the chain being
constituted by the exercise given to the imperative
function by means of the mandate or mandates by
which execution & effect are given to that portion of
law which the Pursuer's Demand has in this case for it's
ground. To bring to view these operations in all the varieties
of which they are susceptible will be the occupation
of the whole remainder of this same Procedure Code
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