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<head>1827. March 15<hi rend="superscript">th</hi><lb/>Procedure Code</head> <p><note><sic>Ch.</sic> All comprehensive<lb/>§. 9 <add>Judicature</add> Application of Law to<lb/>fact.</note></p> <p>§.9 <add>In Judicature</add> Application of Law to fact or fact to Law.</p> <p>Application of law<lb/>to fact or fact to law<lb/>presupposes</note></p> <p><sic>Art</sic> 1. Application of Law to fact, or<lb/>fact to Law. every application made by an applicant in<lb/>and to a Judicatory, supposes and assumes to be<lb/>preestablished certain things to wit —</p> <p><note>1 A portion of law<lb/>so framed as to allow<lb/>the Judge to cause the<lb/>demanded service to be<lb/>rendered</note></p> <p>1. A portion of law so framed has, in and by<lb/>the words of it, declaredly or impliedly to order or at<lb | <head>1827. March 15<hi rend="superscript">th</hi><lb/>Procedure Code</head> <p><note><sic>Ch.</sic> All comprehensive<lb/>§. 9 <add>Judicature</add> Application of Law to<lb/>fact.</note></p> <p>§.9 <add>In Judicature</add> Application of Law to fact or fact to Law.</p> <p><note>Application of law<lb/>to fact or fact to law<lb/>presupposes</note></p> <p><sic>Art</sic> 1. Application of Law to fact, or<lb/>fact to Law. every application made by an applicant in<lb/>and to a Judicatory, supposes and assumes to be<lb/>preestablished certain things to wit —</p> <p><note>1 A portion of law<lb/>so framed as to allow<lb/>the Judge to cause the<lb/>demanded service to be<lb/>rendered</note></p> <p>1. A portion of law so framed has, in and by<lb/>the words of it, declaredly or impliedly to order or at<lb/>least to authorize and allow the Judge of the Judicatory<lb/>in question to render the pursuer or other<lb/>applicant service — official service — in a shape by<lb/>those same words as it were delineated.</p> <p><note>2 A state of things<lb/>having so happened<lb/>as to come within the<lb/>general words of the<lb/>portion of law in<lb/>question</note></p> <p>2. But this is no otherwise than on the supposition<lb/>that some individual <add>matter of</add> fact has had place,<lb/>i.e. either some state of things has had place, or<lb/>some event has happened which has come within<lb/>the description of the general words employed by<lb/>the law, in which, when an adequate description of<lb/>it has been given, and its having had place, is<lb/>made apparent to the Judge, will have turned out<lb/>to be an individual belonging to the aggregate<lb/>by the terms of the law designated as above.</p> <!-- in pencil --> <p><note>Fictitious Law</note></p> <p>☞ Go on with the description of Judge made law, as<lb/>contradistinguished from really existing law.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1827. March 15th
Procedure Code
Ch. All comprehensive
§. 9 Judicature Application of Law to
fact.
§.9 In Judicature Application of Law to fact or fact to Law.
Application of law
to fact or fact to law
presupposes
Art 1. Application of Law to fact, or
fact to Law. every application made by an applicant in
and to a Judicatory, supposes and assumes to be
preestablished certain things to wit —
1 A portion of law
so framed as to allow
the Judge to cause the
demanded service to be
rendered
1. A portion of law so framed has, in and by
the words of it, declaredly or impliedly to order or at
least to authorize and allow the Judge of the Judicatory
in question to render the pursuer or other
applicant service — official service — in a shape by
those same words as it were delineated.
2 A state of things
having so happened
as to come within the
general words of the
portion of law in
question
2. But this is no otherwise than on the supposition
that some individual matter of fact has had place,
i.e. either some state of things has had place, or
some event has happened which has come within
the description of the general words employed by
the law, in which, when an adequate description of
it has been given, and its having had place, is
made apparent to the Judge, will have turned out
to be an individual belonging to the aggregate
by the terms of the law designated as above.
Fictitious Law
☞ Go on with the description of Judge made law, as
contradistinguished from really existing law.
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Identifier: | JB/056/125/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-03-15 |
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125 |
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18181 |
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