★ Find a new page to transcribe in our list of Untranscribed Manuscripts
Auto upload |
No edit summary |
||
| Line 2: | Line 2: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
'' | <head>1825. <sic>Feb<hi rend="superscript">y.</hi></sic> 6<lb/>Procedure Code <add>Formularies</add> </head> <p><note><sic>Ch.</sic> Formularies<lb/>§. Defendant's Attendance<lb/>requiring Mandate</note></p> <p><note>17<lb/>Attendance requiring<lb/>Mandate form</note></p> <p>§. or <sic>Art.</sic> <add>Defendant's</add> Attendance-requiring <add>Judges </add> Mandate <add>Blank Form</add> <gap/></p> <p>Brown against White. <add>The Judge to the Defendant</add> For the purpose of the suit those<lb/>named, <!-- brackets in pencil --> [this is to require you to] attend at the Justice<lb/>Chamber on the [ ] day of [ ] at [ ] o'clock<lb/>alone, or with an assistant, or by a substitute as you<lb/>think fit, there to meet the Pursuer. Witness my hand<lb/><del>Class of suit</del> [ ] Judge<lb/>Herewith is enclosed the Pursuers<lb/>Demand paper<lb/> [ ] Judge Depute<lb/>permanent</p> <p>Code of the occasion <add>subject</add> — printed in the Mandate</p> <!-- next paragraph crossed through in pencil --> <p><sic>Art.</sic>1. If you neither attend, as above, nor is any valid excuse<lb/>for non-attendance received from you, you must immediately<lb/>be proceeded against <del>as follows</del> <add> in any one or more in the ways following</add> <!-- paragraph marks in pencil --> | 1. You yourself will be <sic>prehended</sic><lb/>and brought <del><gap/></del> to the Justice Chamber there to be examined and<lb/>eventually imprisoned.| 2. <add>If</add> Any moveable property of yours <add>so much</add. will<lb/>be seized as will suffer to afford <del><gap/></del> compensation to the pursuer<lb?>for loss and vexation occasioned by your non performance<lb/>of the services due to him. | 3. <add>So</add> If need be, your <add>any</add> immovable property<lb/>you may have <add>to wit</add> any part or the whole of it & if need<lb/>be <add>of</add> your legal rights any article <add>part</add> in the whole will be suspended<lb/><del><gap/> <gap/> <gap/></del> until such compensative <gap/> has been made.</p> <!-- end of crossed out section --> <p><note>18<lb/>Excuse to be accompanied<Lb/>with promise of future<lb/>attendance</note></p> <p>(2)<lb/><sic>Art.</sic>4. If a valid excuse be received from you, it must<lb/>be accompanied with a promise of attendance on a day <del>in</del><lb/>not more than [seven] days distant from the day on which<lb/>you should have attended, and <del>no <gap/><d/el> at that time the inability<lb/>continues, it <add><gap/></add> must be received by a 2<hi rend="superscript">d</hi> Excuse paper received<lb/>in time, and so by a 3<hi rend="superscript">d</hi> and so forth.</p> <p><note>19<lb/>If excuse valid effect<lb/>the suspension of<lb/>compulsive proceedings</note></p> <p><sic>Art.</sic> 5 Of this excuse, if valid, and believed <add>by the Judge</add> to be true the<lb/>effect will be the suspending of the several <del><gap/></del> compulsive proceedings<lb/>abovementioned: but for all damage that may have incurred<lb/>from your non-attendance you will have to make compensation<lb/>to the Pursuer, even though <del>you</del>. The right should <del>appe</del> be found<lb/>to be on your side, and not on his: and although your attendance<lb/>should be found to have been impossible: for it is certain that <del>the <gap/></del> your<lb/>non-attendance can not have been the fault of the Pursuer, and <del><gap/></del> it <add>can</add><lb/>can <add>only</add> seldom, if at all,<lb/>be <gap/> certain<lb/>that it was not<lb/>yours.</p> | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1825. Feby. 6
Procedure Code Formularies
Ch. Formularies
§. Defendant's Attendance
requiring Mandate
17
Attendance requiring
Mandate form
§. or Art. Defendant's Attendance-requiring Judges Mandate Blank Form
Brown against White. The Judge to the Defendant For the purpose of the suit those
named, [this is to require you to] attend at the Justice
Chamber on the [ ] day of [ ] at [ ] o'clock
alone, or with an assistant, or by a substitute as you
think fit, there to meet the Pursuer. Witness my hand
Class of suit [ ] Judge
Herewith is enclosed the Pursuers
Demand paper
[ ] Judge Depute
permanent
Code of the occasion subject — printed in the Mandate
Art.1. If you neither attend, as above, nor is any valid excuse
for non-attendance received from you, you must immediately
be proceeded against as follows in any one or more in the ways following | 1. You yourself will be prehended
and brought to the Justice Chamber there to be examined and
eventually imprisoned.| 2. If Any moveable property of yours so much</add. will
be seized as will suffer to afford compensation to the pursuer<lb?>for loss and vexation occasioned by your non performance
of the services due to him. | 3. <add>So If need be, your any immovable property
you may have to wit any part or the whole of it & if need
be of your legal rights any article part in the whole will be suspended
until such compensative has been made.
18
Excuse to be accompanied
with promise of future
attendance
(2)
Art.4. If a valid excuse be received from you, it must
be accompanied with a promise of attendance on a day in
not more than [seven] days distant from the day on which
you should have attended, and no <d/el> at that time the inability
continues, it must be received by a 2d Excuse paper received
in time, and so by a 3d and so forth.
19
If excuse valid effect
the suspension of
compulsive proceedings
Art. 5 Of this excuse, if valid, and believed by the Judge to be true the
effect will be the suspending of the several compulsive proceedings
abovementioned: but for all damage that may have incurred
from your non-attendance you will have to make compensation
to the Pursuer, even though you. The right should appe be found
to be on your side, and not on his: and although your attendance
should be found to have been impossible: for it is certain that the your
non-attendance can not have been the fault of the Pursuer, and it can
can only seldom, if at all,
be certain
that it was not
yours.
|
Identifier: | JB/056/063/001"JB/" can not be assigned to a declared number type with value 56. |
|||
|---|---|---|---|
|
1825-02-06 |
17-19 |
||
|
056 |
Procedure Code |
||
|
063 |
Procedure Code Formularies |
||
|
001 |
|||
|
Text sheet |
1 |
||
|
recto |
E1 |
||
|
18119 |
|||
