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' | <!-- date, heading and marginal summaries in pencil --> <p> 31 May 1804 8</p> <head><del>Evidence</del> <add>Procedure</add> </head> <p><note><sic>Ch. Justiciability</sic></note></p> <p> <note>19<lb/> Security for <sic>Justiciability</sic> natural and<lb/> factitious — 1. natural<lb/> <gap/> by such<lb/> power as is <sic>uneludible</sic><lb/> viz: over reputation <lb?> <del>and</del> condition in life<lb/> and use of the <gap/><lb/> of the law</note></p> <p. Security for <del>forth</del> <sic>justiciability</sic> may be distinguished in the first<lb/> place into <hi rend="underline">natural</hi> and <hi rend="underline">factitious</hi>: natural that which has place<lb/> without any special arrangements on the part of the legislator, directed<lb/> to that end: in this division is included security by power<lb/> over reputation: and power over condition in life: power <del>possessed</del> <add>exercised</add> <lb/> by the Judge over the suitor in these two respects</p> <p><note>20<lb/> 2. factitious which<lb/> is 1. corporal. 2. real<lb/> 3. <foreign>fide justorial.</foreign></note></p> <p> Factitious security for <sic>justiciability</sic> may again be distinguished<lb/> into <del>power <gap/></del> personal or corporal, real, and <foreign>fide justorial.</foreign><lb/> Personal or corporal security is that which is constituted by <add>in</add> which<lb/> <sic>forthcomingness</sic> of the person <add>body</add> of the suitor in question, with or without<lb/> previous arrest and commitment. Real security is constituted by<lb/> the actual <sic>forthcomingness</sic> of any article of property — any physical <add> <hi rend="underline">thing</hi> which is the</add><lb/> subject matter of property.</p> <p><note>21<lb/> - <foreign>fide justorial</foreign> is<lb/> <hi rend="underline">vicarious;</hi> corporal<lb/> and real, proper,<lb/> or <hi rend="underline">property-seated</hi></note></p> <p><foreign>Fide-justorial</foreign> security may <add>also</add> be <sic>stiled</sic> <hi rend="underline">vicarious</hi>. It has<lb/> place in as far as either the person <add>body</add> or the property of a third<lb/> person <add>say</add> a friend of the suitor is made or liable to be made<lb/> forthcoming instead of the body or property of the suitor himself.<lb/> To entrust with <hi rend="underline">vicarious</hi> security, the security that <add>security whom</add> attaches<lb/> <del>may be stiled</del> when the body or the property of the suitor himself<lb/> may be <sic>stiled</sic> <hi rend="underline">proper</hi> security.</p> <p><note>22<lb/> Corporal security for<lb/> <sic>justiciability</sic> is <sic>d<hi rend="superscript">o</hi></sic><lb/> for <sic><hi rend="underline">forthcomingness</hi></sic><lb/> which see under title<lb/> <hi rend="underline">Evidence</hi></note></p> <p>Putting the body of the individual <add>whether the suitor himself or his surety <add> <unclear>fidejuster</unclear> (<unclear>Anglia</unclear> Bail)</add><lb/> which actual <add>corporal</add> security for <sic>jusiciability</sic> is afforded by it, is performed<lb/> by the operations <del>one</del> of <hi rend="underline">assistance</hi>, and <hi rend="underline">commitment</hi>, with or<lb/> without previous <hi rend="underline">adduction</hi> <del><gap/> <gap/></del> (<foreign>sc. ad judiam</foreign>) of which<lb/> elsewhere. <hi rend="superscript">+</hi> <note> + Evidence. <sic>Forthcomingness<lb/> <sic>Ch.</sic> Mean's physical.</note></p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
31 May 1804 8
Evidence Procedure
Ch. Justiciability
19
Security for Justiciability natural and
factitious — 1. natural
by such
power as is uneludible
viz: over reputation <lb?> and condition in life
and use of the
of the law
<p. Security for forth justiciability may be distinguished in the first
place into natural and factitious: natural that which has place
without any special arrangements on the part of the legislator, directed
to that end: in this division is included security by power
over reputation: and power over condition in life: power possessed exercised
by the Judge over the suitor in these two respects
20
2. factitious which
is 1. corporal. 2. real
3. fide justorial.
Factitious security for justiciability may again be distinguished
into power personal or corporal, real, and fide justorial.
Personal or corporal security is that which is constituted by in which
forthcomingness of the person body of the suitor in question, with or without
previous arrest and commitment. Real security is constituted by
the actual forthcomingness of any article of property — any physical thing which is the
subject matter of property.
21
- fide justorial is
vicarious; corporal
and real, proper,
or property-seated
Fide-justorial security may also be stiled vicarious. It has
place in as far as either the person body or the property of a third
person say a friend of the suitor is made or liable to be made
forthcoming instead of the body or property of the suitor himself.
To entrust with vicarious security, the security that security whom attaches
may be stiled when the body or the property of the suitor himself
may be stiled proper security.
22
Corporal security for
justiciability is do
for forthcomingness
which see under title
Evidence
Putting the body of the individual whether the suitor himself or his surety <add> fidejuster (Anglia Bail)
which actual corporal security for jusiciability is afforded by it, is performed
by the operations one of assistance, and commitment, with or
without previous adduction (sc. ad judiam) of which
elsewhere. + + Evidence. Forthcomingness
<sic>Ch. Mean's physical.
Identifier: | JB/057/075/001"JB/" can not be assigned to a declared number type with value 57. |
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1804-05-31 |
19-22 |
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057 |
evidence; procedure code |
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075 |
[[info_in_main_headings_field::[evidence deleted] procedure]] |
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001 |
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text sheet |
1 |
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recto |
d8 |
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jeremy bentham |
1800 |
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