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<head>1825. <sic>Feb<hi rend="superscript">y</hi></sic> 5<lb/> Procedure Code</head> <!-- notes in pencil with Ch and § in ink --> <p>D 14 1<lb/><note>Ch. IX <gap/> principle</note><lb/>(1 <note>§. 1. <foreign>Considerenda:</foreign> is<lb/> §. Attendance his <gap/></note></p> <p> <hi rend="underline">Rights</hi> here pretended? First <sic>Enaction</sic> <gap/></p> <!-- text from here to middle of Art. 3 marked with a vertical deletion line --><p>§ 3. Course to be pursued for procuring attendance</p> <p><sic>Art. 1 Of these different modes of securing attendance the Judge <lb/>will in each individual instance employ that one or those<lb/>the employment of which <del>stands</del> <add>is</add> in his view of the matter<lb/>in the highest degree | <head>1825. <sic>Feb<hi rend="superscript">y</hi></sic> 5<lb/> Procedure Code</head> <!-- notes in pencil with Ch and § in ink --> <p>D 14 1<lb/><note>Ch. IX <gap/> principle</note><lb/>(1 <note>§. 1. <foreign>Considerenda:</foreign> is<lb/> §. Attendance his <gap/></note></p> <p> <hi rend="underline">Rights</hi> here pretended? First <sic>Enaction</sic> <gap/></p> <!-- text from here to middle of Art. 3 marked with a vertical deletion line --><p>§ 3. Course to be pursued for procuring attendance</p> <p><sic>Art.</sic> 1 Of these different modes of securing attendance the Judge <lb/>will in each individual instance employ that one or those<lb/>the employment of which <del>stands</del> <add>is</add> in his view of the matter<lb/>in the highest degree conducive to the ends of justice, direct<lb/>and collateral considered together: <gap/> in the way<lb/>hard features of execution and effect to the law to the prejudice <add>injury</add><lb/>of the pursuers side, on the other hand delay vexation and<lb/> <sic>expence</sic> to the prejudice of both sides</p> <p><sic>Art.</sic> 2 Accordingly, if no <del>apprehension</del> <add> danger</add> of <gap/><lb/><del><gap/></del> absences as of <sic>substraction</sic> of confirmation yearly<lb/>property <del><gap/></del> on the part of the defendant appears to have<lb/>plain simple accusative costs <add>as being of all courses the most <sic>burthensome</sic> to the defendant</add> be employed in preference to<lb/>any other course.</p> <p><sic>Art.</sic> 3. Should that not be decreed sufficient, exempting<lb/>excepted, he will employ <gap/> of subject matters of properly<lb/> <sic>moveable</sic> or <sic>immoveable,</sic> or of rights <del>to <gap/></del> keeping<lb/> <sic>substraction</sic> to an inadequate value forthcoming to<lb/><add>corporal</add> <sic>prehension</sic> of the body:<!-- end of crossed through section --> </p> <p><note>8<lb/> Means of <gap/><lb/> is <gap/><lb/> <hi rend="underline">Rights</hi>, the Judge<lb/> will <hi rend="underline"><sic>prehend</sic></hi> only<lb/> in so far as needed<lb/> Not <hi rend="underline">all</hi> in the house.</note></p> <!-- continuation of Art 3 --> <p> and in each <del><gap/></del> mature <add>fees from</add> instead<lb/>of taking the whole in the house, and without adjustment to the<lb/> nature of the thing in demand <del>he</del> it will be his case not<lb/>to take any more than what may appear to afford a<lb/>sufficient security, for it being of equal <add>in</add> value to that subject<lb/> matter of the <gap/> with the addition of an equivalent to<lb/> delay vexation and expense on the pursuer's sides</p> <p><note>9<lb/> If taking this for<lb/> true, the added ground<lb/> of defence nor insufficient<lb/> the Judge will<lb/> therefore produce the<lb/> definite <gap/> on<lb/> this <hi rend="underline">Enquiry</hi></note></p> | ||
1825. Feby 5
Procedure Code
D 14 1
Ch. IX principle
(1 §. 1. Considerenda: is
§. Attendance his
Rights here pretended? First Enaction
§ 3. Course to be pursued for procuring attendance
Art. 1 Of these different modes of securing attendance the Judge
will in each individual instance employ that one or those
the employment of which stands is in his view of the matter
in the highest degree conducive to the ends of justice, direct
and collateral considered together: in the way
hard features of execution and effect to the law to the prejudice injury
of the pursuers side, on the other hand delay vexation and
expence to the prejudice of both sides
Art. 2 Accordingly, if no apprehension danger of
absences as of substraction of confirmation yearly
property on the part of the defendant appears to have
plain simple accusative costs as being of all courses the most burthensome to the defendant be employed in preference to
any other course.
Art. 3. Should that not be decreed sufficient, exempting
excepted, he will employ of subject matters of properly
moveable or immoveable, or of rights to keeping
substraction to an inadequate value forthcoming to
corporal prehension of the body:
8
Means of
is
Rights, the Judge
will prehend only
in so far as needed
Not all in the house.
and in each mature fees from instead
of taking the whole in the house, and without adjustment to the
nature of the thing in demand he it will be his case not
to take any more than what may appear to afford a
sufficient security, for it being of equal in value to that subject
matter of the with the addition of an equivalent to
delay vexation and expense on the pursuer's sides
9
If taking this for
true, the added ground
of defence nor insufficient
the Judge will
therefore produce the
definite on
this Enquiry
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