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' | <head>1825. <sic>Jan<hi rend="superscript">y</hi></sic> 19<lb/>Procedure Code</head> <!-- additions in heading area --> <p>1 ☞ <add><del>||</del></add> II <add><gap/></add> <del><gap/> supplied <gap/><lb/>but <gap/></del></p> <!-- some in pencil --> <p>1<lb/><note>IV<lb/><sic>Ch. VIII <del>Suit simplest</del> Initiative<lb/><gap/></note><lb/>(1 <note>§.1. <del>State of things afterwards</del></note></p> <p>Obstructive causes 1. Original 2. Incidental For the original, see<lb/><sic>Ch.</sic> Such sale of. §1. simple and complex — causes of simplicity.<lb/>Every cause of complexity is a possible and material cause of obstruction</p> <p>☞ <foreign>Quere</foreign> whether to make this the<lb/>first Section of this chapter, or the<lb/>Section of <sic>Ch.</sic> VII Suits: or a separate chapter?</p> <p><del><sic>Ch.</sic> VIII<lb/>Application a suit. Person <gap/> Justicatory hearing</del>.</p> <p>§.1. <del>State of things afterwards</del> The simplest case what.<lb/>Causes of complexity what.</p> <p><note>1<lb/>Simplest cases the<lb/>most frequent</note></p> <p>Art. 1 The course here perceived is to commence<lb/>with the simplest state of things <add>that sort of case</add> which is <add>the</add> most simple: adding<lb/>one after another the several circumstances by the <add><gap/></add> addition<lb/>of which it is rendered more and more complex.</p> <p>Happily that state of things which is <add>the</add> most simple, is<lb/>Also that which is by far the most frequently exemplified.<lb/>Insomuch that by provision made for this species <add>classes</add> of suits<lb/>provision will have been made for the great <add>the vast</add> majority of<lb?>the whole number of individual suits which within a<lb/>given period say a year will come under the cognizance<lb/>of the Judge.</p> <p><note>2<lb/>Simplest case features<lb/1 Applicant one only<lb/>2 Applicant the principal<lb/>3 Pursuer one only<lb/>testifier none bar the<lb/>parties<lb/>5 defendant one only<lb/>6 Pursuer responsible<lb/>7 Pursuer solvent<lb/>8 Defendant responsible<lb/>9 Defendant willing to attend<lb/>10 Suit compensation seeking<lb/>11 No <sic>excretitious</sic> suits<lb/>12 No other source of complexity<lb/>as per <sic>Ch.</sic> VII</note></p> <!-- marginal numbering in pencil and bracketed in pencil to main text --><p><sic>Art</sic> Of this most simple and frequent sort of<lb/> suit the features are these <add>about follow</add></p> <p>1. Applicant, one only<lb/><note>1</note> 2. Applicant a <add>the</add> principal — not a proxy<lb/><note>2</note> 3. Pursuer <del>a</del> per Applicant's account one only: to wit himself<lb/><add>4. testifier <del><gap/></del> none but the parties</add><lb/><note>3</note> 4. Proposed Defendant, that is to say party at whose charge the<lb/><add>effective</add> Service and thence the judiciary is demanded, one only.<lb/><note>4</note> 5. Pursuer, in respect of condition in life adequately responsible<lb/>thence no need of extraordinary <sic>seurities</sic> for his responsibility<lb/>in respect of groundless pursuit or judiciary <sic>falshoods</sic>.<lb/><note>+</note> 6. Pursuer relatively solvent in respect of <add>necessary judicial</add> costs if any.<lb/>Hence no need of postulation of pecuniary supply of <add>advances of fiduciary</add> Cost<lb/>money from the Equal justice funds.<lb/><note>+</note> 7 <lb/><del>Def</del> Defendant adequately <add><sic>pecuniarily</sic></add> responsible: thence no need of<lb/>extraordinary <sic>provisionment</sic> measure for securing execution and<lb/>effect and for that purpose means of effective communication with him<lb/><note>+ </note> 8. Defendant clear of motive and <gap/> for <gap/> personal attendance<lb/>thence no need of epistolary <add>interrogation</add> examination to be performed<lb/?for the extraction of his allegations and evidence.</p> | ||
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1825. Jany 19
Procedure Code
1 ☞ || II supplied
but
1
IV
<sic>Ch. VIII Suit simplest Initiative
(1 §.1. State of things afterwards
Obstructive causes 1. Original 2. Incidental For the original, see
Ch. Such sale of. §1. simple and complex — causes of simplicity.
Every cause of complexity is a possible and material cause of obstruction
☞ Quere whether to make this the
first Section of this chapter, or the
Section of Ch. VII Suits: or a separate chapter?
Ch. VIII
Application a suit. Person Justicatory hearing.
§.1. State of things afterwards The simplest case what.
Causes of complexity what.
1
Simplest cases the
most frequent
Art. 1 The course here perceived is to commence
with the simplest state of things that sort of case which is the most simple: adding
one after another the several circumstances by the addition
of which it is rendered more and more complex.
Happily that state of things which is the most simple, is
Also that which is by far the most frequently exemplified.
Insomuch that by provision made for this species classes of suits
provision will have been made for the great the vast majority of<lb?>the whole number of individual suits which within a
given period say a year will come under the cognizance
of the Judge.
2
Simplest case features<lb/1 Applicant one only
2 Applicant the principal
3 Pursuer one only
testifier none bar the
parties
5 defendant one only
6 Pursuer responsible
7 Pursuer solvent
8 Defendant responsible
9 Defendant willing to attend
10 Suit compensation seeking
11 No excretitious suits
12 No other source of complexity
as per Ch. VII
Art Of this most simple and frequent sort of
suit the features are these about follow
1. Applicant, one only
1 2. Applicant a the principal — not a proxy
2 3. Pursuer a per Applicant's account one only: to wit himself
4. testifier none but the parties
3 4. Proposed Defendant, that is to say party at whose charge the
effective Service and thence the judiciary is demanded, one only.
4 5. Pursuer, in respect of condition in life adequately responsible
thence no need of extraordinary seurities for his responsibility
in respect of groundless pursuit or judiciary falshoods.
+ 6. Pursuer relatively solvent in respect of necessary judicial costs if any.
Hence no need of postulation of pecuniary supply of advances of fiduciary Cost
money from the Equal justice funds.
+ 7
Def Defendant adequately pecuniarily responsible: thence no need of
extraordinary provisionment measure for securing execution and
effect and for that purpose means of effective communication with him
+ 8. Defendant clear of motive and for personal attendance
thence no need of epistolary interrogation examination to be performed<lb/?for the extraction of his allegations and evidence.
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