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'' | <head>1823. <sic>Nov<hi rend="superscript">r</hi>.</sic> 14 +<lb/>Constitutional code <add>or procedure</add></head> <!-- marginal summaries in pencil --> <p><hi rend="underline">1</hi> B 6<lb/><note>I<lb/><sic>Ch.</sic> Procedure in general</note><lb/><del>or(9) (1</p> <p><gap/> in this gives an exhaustive one of the field or subject</p> <p><note>or 1<lb/.Of procedure, most<lb/>direct object, giving<lb/>effect to demand on<lb/>pursuer's side:<lb/>demand of <hi rend="underline">right</hi> suppose<lb/><hi rend="underline">wrong</hi> done is eventually<lb/>about to be done:<lb/>no wrong, no need of<lb/>judicature</note></p> <p>In Judicial procedure, the <gap/> direct object is — the<lb/>giving effect to the elements made on the pursuer's side demand<lb/>of <hi rend="underline">right</hi> supposes <hi rend="underline">wrong</hi> done is at least eventually about<lb/>to be done: no wrong done no need of judicature.</p> <p><note>or 2<lb/>Main object accordingly<lb/>is — giving success to<lb>pursuer: on the supposition<lb/>of his <del>being on the</del> <add>having right</add> on his<lb/>side: he calling on<lb/>Judge to give execution and<lb/>effect to the article of<lb/>law giving the right in<lb/>question to every person,<lb/>as he says he is<lb/>[☞ <gap/> this.]</note></p> <p>the main object is accordingly the giving success to the<lb/>pursuer's side: supposing always <del>the</del> <add>in the application</add> of his being in the right<lb/>That which is done, <del>by the</del> in every case, <del>by</del> <add>on</add> the parties side,<lb/>is — the calling upon the Judge, to give execution and effect to some<lb/>Article of law: to some <add>general</add> article of law, the meaning <add>object</add> of which<lb>was to confer, a <del>ri</del> beneficial right, on every person<lb/>situated <add>circumstanced</add> as <del>he</del> according to him the <add>pursuer</add> himself is circumstanced.</p> <p><note>or 3<lb/>No part of the main<lb/>or direct object is the<lb/>giving success to the defendant's<lb/>side: not judicature,<lb/>but absence of all<lb/>judicature would of such<lb/>success be the most effectual<lb/>means.</note></p> <p>To give success to a person on the defendant's side can<lb/>not be any <add>the main</add> object of the system of procedure, for, <del>at</del> were<lb/>that the object, it might in a <gap/> <gap/> <gap/> way<lb/>be effected namely by <add>not having <gap/> his <gap/></add> shutting up all judicatories, and thereby<lb/>putting an extinguisher upon all procedure</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1823. Novr. 14 +
Constitutional code or procedure
1 B 6
I
Ch. Procedure in general
or(9) (1
in this gives an exhaustive one of the field or subject
or 1<lb/.Of procedure, most
direct object, giving
effect to demand on
pursuer's side:
demand of right suppose
wrong done is eventually
about to be done:
no wrong, no need of
judicature
In Judicial procedure, the direct object is — the
giving effect to the elements made on the pursuer's side demand
of right supposes wrong done is at least eventually about
to be done: no wrong done no need of judicature.
<note>or 2
Main object accordingly
is — giving success to<lb>pursuer: on the supposition
of his being on the having right on his
side: he calling on
Judge to give execution and
effect to the article of
law giving the right in
question to every person,
as he says he is
[☞ this.]</note>
the main object is accordingly the giving success to the
pursuer's side: supposing always the in the application of his being in the right
That which is done, by the in every case, by on the parties side,
is — the calling upon the Judge, to give execution and effect to some
Article of law: to some general article of law, the meaning object of which<lb>was to confer, a ri beneficial right, on every person
situated circumstanced as he according to him the pursuer himself is circumstanced.
or 3
No part of the main
or direct object is the
giving success to the defendant's
side: not judicature,
but absence of all
judicature would of such
success be the most effectual
means.
To give success to a person on the defendant's side can
not be any the main object of the system of procedure, for, at were
that the object, it might in a way
be effected namely by not having his shutting up all judicatories, and thereby
putting an extinguisher upon all procedure
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Identifier: | JB/055/006/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-11-14 |
or 1 - or 4 |
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055 |
Constitutional Code; Procedure Code |
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006 |
Constitutional Code or Procedure |
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001 |
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Text sheet |
1 |
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recto |
or C9 / D6 / E1 |
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J WHATMAN TURKEY MILL 1822 |
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Jonathan Blenman |
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1822 |
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17727 |
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