★ Find a new page on our Untranscribed Manuscripts list.
Auto loaded |
No edit summary |
||
| Line 2: | Line 2: | ||
'''[{{fullurl:JB/057/008/004|action=edit}} Click Here To Edit]''' | '''[{{fullurl:JB/057/008/004|action=edit}} Click Here To Edit]''' | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<!-- marginal notes are in pencil --> | |||
<p>4<p> <p><foreign>Inter Differentes</foreign> or Arrest</p> <p><note>21 or 8<lb/>Examples<lb/> where it may<lb/> be plainly unnecessary</note></p> <p> Examples of cases where <del>such</del> apprehension for<lb/> the purpose of examination without warning may<lb/> appear to be manifestly unnecessary.</p> <p> 1. Where the object in demand is a mere sum<lb/> of money or thing not possessed of a value of affection<lb/> and the value of it bears <add>bearing</add> a small proportion to<lb/> the defendants known means of living, and the<lb/>point <del>of</del> in dispute is known to be a point of law<lb/> or a point of fact <del>respecting</del> <add> of</add> which the Defendant<lb/> is known to have no <sic>cognizance,</sic> and respecting which he<lb/> is known to have no evidence is his possession, or<lb/> none which he can be unwilling to produce; <del>and</del><lb/> <del><gap/></p> <p><note>22 or 9<lb/>The Judge in<lb/> case of doubt<lb/> to lean in favour<lb/> of the process</note></p> <p>The Judge ought in case of doubt rather to<lb/> incline to grant the compulsive process, especially<lb/>if it be required by the Pursuer, since the inconvenience<lb/> to the defendant <add>in an event</add> must generally be very<lb/> inconsiderable, and that to the Pursuers <del>in</del> the opposing<lb/> event may be very considerable, amounting <lb/> to nothing less than the loss <add>frustration</add> of his just demand. <add> a just cause</add></p> <p><note>23 or 10<lb/>It reflects no <lb/> dishonour</note></p> <p> A compulsive proof of this kind reflects no<lb/>dishonour on him who is the subject of it, since<lb/> the ground of suspicion may result <add>be</add> rather from the<lb/> suspicion may be grounded <del> not upon a</del> merely upon<lb/> the circumstances he is placed in, without any knowledge<lb/> or opinion relative to his character so much as <unclear>opinion</unclear><lb/> respecting his character</p> | |||
4
Inter Differentes or Arrest
21 or 8
Examples
where it may
be plainly unnecessary
Examples of cases where such apprehension for
the purpose of examination without warning may
appear to be manifestly unnecessary.
1. Where the object in demand is a mere sum
of money or thing not possessed of a value of affection
and the value of it bears bearing a small proportion to
the defendants known means of living, and the
point of in dispute is known to be a point of law
or a point of fact respecting of which the Defendant
is known to have no cognizance, and respecting which he
is known to have no evidence is his possession, or
none which he can be unwilling to produce; and
22 or 9
The Judge in
case of doubt
to lean in favour
of the process
The Judge ought in case of doubt rather to
incline to grant the compulsive process, especially
if it be required by the Pursuer, since the inconvenience
to the defendant in an event must generally be very
inconsiderable, and that to the Pursuers in the opposing
event may be very considerable, amounting
to nothing less than the loss frustration of his just demand. a just cause
23 or 10
It reflects no
dishonour
A compulsive proof of this kind reflects no
dishonour on him who is the subject of it, since
the ground of suspicion may result be rather from the
suspicion may be grounded not upon a merely upon
the circumstances he is placed in, without any knowledge
or opinion relative to his character so much as opinion
respecting his character
|
Identifier: | JB/057/008/004"JB/" can not be assigned to a declared number type with value 57. |
|||
|---|---|---|---|
|
14 or 1 - 23 or 10 |
|||
|
057 |
procedure code |
||
|
008 |
|||
|
004 |
|||
|
text sheet |
4 |
||
|
recto |
d1 / d2 / d3 / d4 |
||
|
jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
||
|
benjamin constant |
|||
|
18338 |
|||
