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<p>1826. Sept<hi rend="superscript">r</hi>. 18</p> | |||
<head>Procedure Code</head> | |||
<note>Ch. Probation<lb/> | |||
S.</note><lb/> | |||
<note>5<lb/> | |||
Exemplification<lb/> | |||
Example alleged<lb/> | |||
corporal vexation</note><lb/> | |||
<p>Example. Suppose the service demanded<lb/> | |||
compensation at the charge of the Defendant<lb/> | |||
for a threat, alledged to have been done<lb/> | |||
by him to the Pursuer, by a blow given to him<lb/> | |||
on a certain part of the body. By the wrong<lb/> | |||
thus done, an offence belonging to a certain<lb/> | |||
genus of offences, has been committed: a<lb/> | |||
genus, of which the denomination is wrongful<lb/> | |||
corporal vexation.</p> | |||
<note>6<lb/> | |||
If sufferer <add>the</add> applicant<lb/> | |||
Sufferer also the<lb/> | |||
percipient witness</note> | |||
<p>In this case, the matter of fact has for it's<lb/> | |||
alledged percipient witness the applicant him<lb/> | |||
self who, if he is to be believed, has been the<lb/> | |||
immediate sufferer by the wrong.</p> | |||
<note>7<lb/> | |||
Suppose sufferer<lb/> | |||
a child of applicants</note><lb/> | |||
<p>But suppose according to the case stated<lb/> | |||
by him, the person on whose body the wrong was<lb/> | |||
inflicted - the offences committed - was not the<lb/> | |||
applicant himself, but a child of his, too young<lb/> | |||
to be capable of stating the matter of fact.</p> | |||
<note>Two facts in percipient<lb/> | |||
evidentiary</note><lb/> | |||
<p>In this case wee see two distinguishable<lb/> | |||
matters, or alledged matters of fact.</p> | |||
<p>1. The act by which, if the allegation be true the<lb/> | |||
blow was given: call this the principal fact.</p> | |||
<p>2. The act performed by the applicant in making<lb/> | |||
the allegation to this effect: call this<lb/> | |||
the evidentiary fact.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1826. Septr. 18
Procedure Code
Ch. Probation
S.
5
Exemplification
Example alleged
corporal vexation
Example. Suppose the service demanded
compensation at the charge of the Defendant
for a threat, alledged to have been done
by him to the Pursuer, by a blow given to him
on a certain part of the body. By the wrong
thus done, an offence belonging to a certain
genus of offences, has been committed: a
genus, of which the denomination is wrongful
corporal vexation.
6
If sufferer the applicant
Sufferer also the
percipient witness
In this case, the matter of fact has for it's
alledged percipient witness the applicant him
self who, if he is to be believed, has been the
immediate sufferer by the wrong.
7
Suppose sufferer
a child of applicants
But suppose according to the case stated
by him, the person on whose body the wrong was
inflicted - the offences committed - was not the
applicant himself, but a child of his, too young
to be capable of stating the matter of fact.
Two facts in percipient
evidentiary
In this case wee see two distinguishable
matters, or alledged matters of fact.
1. The act by which, if the allegation be true the
blow was given: call this the principal fact.
2. The act performed by the applicant in making
the allegation to this effect: call this
the evidentiary fact.
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