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<head>1827. <sic>Oct<hi rend="superscript">r.</hi></sic> 19 +<lb/>Law Amendment.</head> <p><note>Propositions<lb/><add>§.5. Procedure<lb/>Suits.</add></note></p> <p><note>Distinction the 4<hi rend="superscript">th</hi><lb/>Suits <sic>inculpative</sic>, and<lb/>not <sic>inculpative</sic></note></p> <p>4. Distinction the fourth. Suits <sic>inculpative</sic>, suits not <sic>inculpative</sic>.<lb/>By a suit not <sic>inculpative</sic> may be understood a <del><gap/></del> suit<lb/>by which the demandant demands at <del>right</del> the hands of another<lb/>or <gap/>, a right but without imputing wrong to any one<lb/>on the account <add>in respect of</add> his not being in possession of such right: <del>the ob</del><lb/>such possession not being otherwise at any hands other than those<lb/>of the Judge.</p> <p><note>Distinction 5 suits<lb/><sic>inculpative</sic> but not<lb/>criminative and suits<lb/>criminative</note></p> <p>5. Suits <sic>inculpative</sic> but not criminative, Suits criminative.<lb/>By a <del>suit</del> criminative suit understand a suit by <del>which evil<lb/>consciousness is <gap/> to</del> <add>the <del><gap/></del> commission of an act/offence productive of a wrong being imputed to</add> the defendant, evil consciousness<lb/>is charged as having <del>be</del> in the mind of the offender been<lb/>an accompaniment of it: by a suit <sic>inculpative</sic> but not<lb/>criminative a suit by which wrongdoing being charged as<lb/>above the wrong is stated as having been the result of want<lb/>of due attention, and thence either of negligence or redress</p> <p><add>In many cases it will be a person standing in the situation of the demandant <!-- continues in the margin --> be matter of doubt<lb/>which of the above two<lb/>was the state of the<lb/>defendants mind on<lb/>the part of the Defendant:<lb/>in this case<lb/>the <gap/> his suit<lb/>will be <gap/>, and<lb/>the demand will be<lb/>made in the alternative:<lb/>in the <gap/> a<lb/>culpable <gap/><lb/>satisfaction — for in the<lb/>case of evil consciousness<lb/>satisfaction of the<lb/>nature of the wrong admitted,<lb/><!-- continues along the edge of the page --> is, or in case of an addition to satisfaction as the case may be, punishment.<lb/><del>Suits adverse or</del> In the case of a criminate suit this or that arrangement <add>operation</add> may <del><gap/></del> come to be disposed <add>needless</add> which in an adverse suit might <add>would</add> be necessary<lb/><</p> <p><del>Of suits <gap/> including those <gap/>, suits unilateral,<lb/>Bilateral are suits of the ordinary complexity: <gap/> <gap/> a demandant<lb/>or demandants</del></p> <p>When wrongdoing is imputed, the party affected by the<lb/>wrong may be either the public alone, no assignable individual<lb/>more than another being affected by it, the case <add>wrong and the case</add> may be <sic>stiled</sic> a<lb/>party one: when an assignable individual is affected by it, and<lb/><del>the</del> by reason of the abuse or danger or both resulting from it<lb/>the public likewise, the wrong and the case may be <sic>stiled</sic> public-private.<lb/>In the case for <gap/> any <sic>thiefs</sic> and robbers<lb/>☞ To the next page.</p> <p><add>☞ From the next page</add><lb/>7 Distinction the seventh. suits adverse. suits <gap/><lb/>adverse in so far as the one party <del>opposes</del> refuses what the other <add>another</add><lb/>demands: <gap/> in so far as they agree in leaving it to the<lb/>Judge whether to grant the service demanded or refuse it.</p> <p>Most suits will of course be amicable. Those to which it happens<lb/>most frequently to be amicable will be suits not <sic>inculpative</sic> and<lb/><!-- continues in the margin -->in particular those by<lb/>which the demand is made<lb/>of the of the distribution of a benefit<lb/>among <sic>co-interestees.</sic></add></p> | |||
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1827. Octr. 19 +
Law Amendment.
Propositions
§.5. Procedure
Suits.
Distinction the 4th
Suits inculpative, and
not inculpative
4. Distinction the fourth. Suits inculpative, suits not inculpative.
By a suit not inculpative may be understood a suit
by which the demandant demands at right the hands of another
or , a right but without imputing wrong to any one
on the account in respect of his not being in possession of such right: the ob
such possession not being otherwise at any hands other than those
of the Judge.
Distinction 5 suits
inculpative but not
criminative and suits
criminative
5. Suits inculpative but not criminative, Suits criminative.
By a suit criminative suit understand a suit by which evil
consciousness is to the commission of an act/offence productive of a wrong being imputed to the defendant, evil consciousness
is charged as having be in the mind of the offender been
an accompaniment of it: by a suit inculpative but not
criminative a suit by which wrongdoing being charged as
above the wrong is stated as having been the result of want
of due attention, and thence either of negligence or redress
In many cases it will be a person standing in the situation of the demandant be matter of doubt
which of the above two
was the state of the
defendants mind on
the part of the Defendant:
in this case
the his suit
will be , and
the demand will be
made in the alternative:
in the a
culpable
satisfaction — for in the
case of evil consciousness
satisfaction of the
nature of the wrong admitted,
is, or in case of an addition to satisfaction as the case may be, punishment.
Suits adverse or In the case of a criminate suit this or that arrangement <add>operation may come to be disposed needless which in an adverse suit might would be necessary
<
Of suits including those , suits unilateral,
Bilateral are suits of the ordinary complexity: a demandant
or demandants
When wrongdoing is imputed, the party affected by the
wrong may be either the public alone, no assignable individual
more than another being affected by it, the case wrong and the case may be stiled a
party one: when an assignable individual is affected by it, and
the by reason of the abuse or danger or both resulting from it
the public likewise, the wrong and the case may be stiled public-private.
In the case for any thiefs and robbers
☞ To the next page.
☞ From the next page
7 Distinction the seventh. suits adverse. suits
adverse in so far as the one party opposes refuses what the other another
demands: in so far as they agree in leaving it to the
Judge whether to grant the service demanded or refuse it.
Most suits will of course be amicable. Those to which it happens
most frequently to be amicable will be suits not inculpative and
in particular those by
which the demand is made
of the of the distribution of a benefit
among co-interestees.</add>
Identifier: | JB/056/178/001"JB/" can not be assigned to a declared number type with value 56. |
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1827-10-19 |
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056 |
Law Amendment |
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178 |
Law Amendment |
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001 |
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1 |
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recto |
C7 |
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18234 |
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