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<head>1825 <del>Procedure Code</del> March 25 <!-- in pencil Note to David A? --><lb/> Procedure Code</head> <p><note><sic>Ch.</sic> VIII<lb/> §3. Demand paper</note></p> <!-- in pencil --> <p>(2)</p> <p>2. The <sic>demandant</sic> and the person at whose<lb/> charge the demand is made, not certain or not agreeing<lb/> as to the <del>interpretation</del> existence of a supposed < | <head>1825 <del>Procedure Code</del> March 25 <!-- in pencil Note to David A? --><lb/> Procedure Code</head> <p><note><sic>Ch.</sic> VIII<lb/> §3. Demand paper</note></p> <!-- in pencil --> <p>(2)</p> <p>2. The <sic>demandant</sic> and the person at whose<lb/> charge the demand is made, not certain or not agreeing<lb/> as to the <del>interpretation</del> existence of a supposed <unclear>ready</unclear><lb/> matters of fact, and applying in conjunction to the Judge<lb/> for his assistance as to the procurement and elicitation<lb/>of evidence. And so in case of plurality, as above</p> <p><note>5<lb/>Backwardness to join <lb/> in application for<lb/> distribution evidence<lb/> of ground for <sic>inculpation</sic></note></p> <p><sic>Art.</sic> On the part of a person charged, <del>it will</del><lb/><del>be</del> any backwardness to join in such <unclear>congruent</unclear> application<lb/> will in case the service should be found and decreed<lb/>to have been done, be evidence of the existence of a <del><gap/></del><lb/> ground for <sic>incuplation:</sic> and will cause <add>fall/leave</add> to be considered<lb/>in respect of costs. see <sic>Ch</sic> Costs</p> <p><note>6<lb/> Ante judicial demand<lb/> to be made before<lb/> judicial application</note></p> <p><sic>Art.</sic> Examples excepted, in a case <sic>inculpative</sic><lb/> or not, an extrajudicial <add>contrajudicial</add> demand will be expected to have <add> have been requisite</add> <lb/> been made <sic>antecedentl</sic>y to the judicial application by which<lb/>defence is required: and the non-existence of it will come <add> fall/leave</add><lb/> to be considered in respect of costs</p> <p><note>7<lb/>Exceptions — Examples</note>/<p> <p><sic>Art</sic> Of examples, examples are as follows<lb/>1. The case such that <gap/> security as per [ ]<lb/> is required<lb/> 2. The state of the case such that without notice, the <add>proposed/<unclear>fairly</unclear> charged</add> defendant<lb/> could not but stand assured that, <add>by the <sic>Demander</sic></add> before the <gap/> of<lb/>the applicant, the <sic>reddition</sic> of the services had been actually expected.<!-- continues into margin and up the right hand side of the page --> As to these matters<lb/> the Defendants confessional evidence will naturally be referred to.</p> | ||
1825 Procedure Code March 25
Procedure Code
Ch. VIII
§3. Demand paper
(2)
2. The demandant and the person at whose
charge the demand is made, not certain or not agreeing
as to the interpretation existence of a supposed ready
matters of fact, and applying in conjunction to the Judge
for his assistance as to the procurement and elicitation
of evidence. And so in case of plurality, as above
5
Backwardness to join
in application for
distribution evidence
of ground for inculpation
Art. On the part of a person charged, it will
be any backwardness to join in such congruent application
will in case the service should be found and decreed
to have been done, be evidence of the existence of a
ground for incuplation: and will cause fall/leave to be considered
in respect of costs. see Ch Costs
6
Ante judicial demand
to be made before
judicial application
Art. Examples excepted, in a case inculpative
or not, an extrajudicial contrajudicial demand will be expected to have have been requisite
been made antecedently to the judicial application by which
defence is required: and the non-existence of it will come fall/leave
to be considered in respect of costs
7
Exceptions — Examples/
Art Of examples, examples are as follows
1. The case such that security as per [ ]
is required
2. The state of the case such that without notice, the proposed/fairly charged defendant
could not but stand assured that, by the Demander before the of
the applicant, the reddition of the services had been actually expected. As to these matters
the Defendants confessional evidence will naturally be referred to.
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