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<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 | <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 <sic>Deprition</sic> of<lb/> evidence</note></p> <p>1. <sic>Deprition</sic> 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 <add>is</add> necessary to the giving <del>effect</del> <unclear>eccentive</unclear> and<lb/>effect <add>on the provision and</add> to the demand of the <add>a</add> 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/>frequent 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 <sic>afflictive</sic> incident but <add>happily</add> much<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 Deprition of
evidence
1. Deprition 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
person or thing, to the purpose the forthcomingness of
which was is necessary to the giving effect eccentive and
effect on the provision and to the demand of the a pursuer, on the defendant's side
to the absolution of a defendant, where due
15
In a penal case most
frequent 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 afflictive incident but happily 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.
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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