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< | <head>1825. <sic>Feb.<hi rend="superscript">y</hi></sic> <add>March 12 Revised<add><lb/>Procedure Code</head> <p><note><sic>Ch.</sic> VIII.<lb/>§. Pursuer's Demand</note></p> <p>Notes to Demand Paper A.</p> <!-- marginal note in pencil against the first paragraph "12 March 1828. Quere if not superseded in the Demand Paper change? --> <p>(a) [ Ablative facts] By some one article in the list<lb/>of the facts constituted collative facts, with relation to the<lb/>right or title, of a person standing in the individual<lb/>situation of the person <add><del><gap/></del></add> in question to receive the<lb/>Service hereby demanded, must such his right or title<lb/>have been conferred: by any one article in the correspondent<lb/>list of ablative facts, it may have been taken<lb/>away. Therefore, of all such ablative facts, the existence<lb/>must of necessity be <sic>negatived</sic> by him.<lb/></p> <p>Case 1. Such simply <Sic>requisitive.</sic> Of the proprietor<lb/>of a mass of property, the death operates as a collative<lb/>fact, in favour of each of his post obit successors:<lb/>as a collative fact, to wit with relation to the right to<lb/>the Service rendered by the Judge, by making a division<lb/>of the mass among <add>such</add> his <add>successor and</add> <sic.co-interestees,</sic> and<lb/>therefore giving to him his share: Examples<lb/>of an ablative fact are</p> <p>1. A release by an one such <sic>co-interestee</sic> in<lb/>favour of the rest or any one of them.<lb/>2. On the supposition of the deceased's having<lb/>a correspondent right, exercise given by him to<lb/>any ablative power, divesting this or that one of<lb?>them of his right to any such share.</p> | ||
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<p>Notes to Demand Paper A.< | |||
<p>Ablative facts | |||
of the facts constituted collative facts, with relation to the<lb/> | |||
right or title, of a person standing in the individual<lb/> | |||
situation of the person <gap/> in question to receive the<lb/> | |||
have been conferred: by any one article in the correspondent<lb/> | |||
list of ablative facts, it may have been taken<lb/> | |||
away. Therefore, of all such ablative facts, the existence<lb/> | |||
must of necessity be negatived by him.<lb/></p> | |||
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{{Metadata:{{PAGENAME}}}}{{In_Progress}} | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1825. Feb.y <add>March 12 Revised<add>
Procedure Code
Ch. VIII.
§. Pursuer's Demand
Notes to Demand Paper A.
(a) [ Ablative facts] By some one article in the list
of the facts constituted collative facts, with relation to the
right or title, of a person standing in the individual
situation of the person in question to receive the
Service hereby demanded, must such his right or title
have been conferred: by any one article in the correspondent
list of ablative facts, it may have been taken
away. Therefore, of all such ablative facts, the existence
must of necessity be negatived by him.
Case 1. Such simply requisitive. Of the proprietor
of a mass of property, the death operates as a collative
fact, in favour of each of his post obit successors:
as a collative fact, to wit with relation to the right to
the Service rendered by the Judge, by making a division
of the mass among such his successor and <sic.co-interestees,</sic> and
therefore giving to him his share: Examples
of an ablative fact are
1. A release by an one such co-interestee in
favour of the rest or any one of them.
2. On the supposition of the deceased's having
a correspondent right, exercise given by him to
any ablative power, divesting this or that one of<lb?>them of his right to any such share.
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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[[notes_public::"March 12 Revised" [note in Bentham's hand]]] |
18097 |
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