★ Find a new page on our Untranscribed Manuscripts list.
Auto loaded |
No edit summary |
||
| Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
' | <head>1824. <sic>Feb<hi rend="superscript">y</hi></sic> 2<lb/> Procedure Code</head> <!-- text in pencil apart from Ch and § --> <p>5<lb/> <note>Ch</note><lb/>(2) 5 <note>§. Non pursuance of Notice</note></p> <p><note>13<lb/>In regard to expense<lb/> for evasion of <add>a</add> <sic>burthensome</sic><lb/>obligation<lb/>(as for non attendance)<lb/> irreparable damage<lb/> to be guarded against</note></p> <p>In regard to an excuse for the evasion of a <lb/> <sic>burthensome</sic> obligation for example attendance at the judicatory,<lb/>is non-compliance with <del>any other</del> a mandate<lb/>or inhibition issued by the Judge for any other purpose<lb/>the thing <add>result</add> most anxiously to be guarded against is — <lb/> irreparable damage</p> <p><note> 14<lb/> Irreparable damage<lb/>sources</note></p> <p>Of irreparable damage the two main causes are</p> <p><note>1 Deprivation of<lb/> evidence</note></p> <p>1. Deprivation of evidence —of a source of evidence, the<lb/> non exhibition of which would with a greater or less<lb/> degree of probability up to certainty be patent to the <lb/>interest of <del><gap/></del> a party, or one or other side in the suit</p> <p><note>2 <sic>Nonforthcomingness</sic><lb/> temporary or ultimate</note></p> <p> Non <sic>forthcomingness</sic> temporary or ultimate of any <add>to the purpose of <sic>justicability</sic></add.<lb/>person or thing, <del>to the purpose</del> the <sic>forthcomingness</sic> of<lb/>which was necessary to the giving <del>effect</del> <gap/> and<lb/>effect <add>on the provision and</add> to the demand of the pursuer, on the defendant's side<lb/> to the absolution of a defendant, where due</p> <p><note>15<lb/>In a penal case most<lb/> pregnant example of<lb/> irreparable damage<lb/> escape of the guilty</note></p> <p>In a penal case the shape in which the irreparable<lb/> damage is most apt to ensue, is the escape of <del>the</del> a<lb/> guilty defendant in part or in the whole, from the<lb/> punishment incurred by the offence.</p> <p><note>16<lb/> less frequent example<lb/> punishment of the<lb/> innocent</note></p> <p> A much more <gap/> incident but much <add><gap/></add><lb/>less apt to have place would be the subjection of a person<lb/>not guilty of the offence who has not borne any part<lb/> in the offence for which the punishment is inflicted.</p> | ||
1824. Feby 2
Procedure Code
5
Ch
(2) 5 §. Non pursuance of Notice
13
In regard to expense
for evasion of a burthensome
obligation
(as for non attendance)
irreparable damage
to be guarded against
In regard to an excuse for the evasion of a
burthensome obligation for example attendance at the judicatory,
is non-compliance with any other a mandate
or inhibition issued by the Judge for any other purpose
the thing result most anxiously to be guarded against is —
irreparable damage
14
Irreparable damage
sources
Of irreparable damage the two main causes are
1 Deprivation of
evidence
1. Deprivation of evidence —of a source of evidence, the
non exhibition of which would with a greater or less
degree of probability up to certainty be patent to the
interest of a party, or one or other side in the suit
2 Nonforthcomingness
temporary or ultimate
Non forthcomingness temporary or ultimate of any to the purpose of justicability</add.
person or thing, to the purpose the forthcomingness of
which was necessary to the giving effect and
effect <add>on the provision and to the demand of the pursuer, on the defendant's side
to the absolution of a defendant, where due
15
In a penal case most
pregnant example of
irreparable damage
escape of the guilty
In a penal case the shape in which the irreparable
damage is most apt to ensue, is the escape of the a
guilty defendant in part or in the whole, from the
punishment incurred by the offence.
16
less frequent example
punishment of the
innocent
A much more incident but much
less apt to have place would be the subjection of a person
not guilty of the offence who has not borne any part
in the offence for which the punishment is inflicted.
|
Identifier: | JB/057/182/001"JB/" can not be assigned to a declared number type with value 57. |
|||
|---|---|---|---|
|
1824-02-02 |
13-16 |
||
|
057 |
procedure code |
||
|
182 |
procedure code |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
c2 / d5 / e5 |
||
|
jeremy bentham |
j whatman turkey mill 1824 |
||
|
admiral pavel chichagov |
|||
|
1824 |
|||
|
18512 |
|||
