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1825. Feby.13
Procedure Code
-
<p.8
Ch.
(4 §. Demand paper Explanation
Sense danger
8
Art. 8. Necessary in every
case to the justice of a
Pursuers desire are
1. absence of preponderant
counter evidence disproving
his fact or facts
2. absence of
facts destroying the effect
it
3. absence of an adequate
counterdemand.
Art. If the case be <add>that of the number of those in
which by consent and the parties on both sides are present at the same
time the ablative facts counter-evidence opposed to the facts — the ablative
facts themselves and the counter-demands in relation to
which the pursuer for the reasons above assigned will have been
required to speak in the way of anticipation and frequently in
the way of mere conjecture, in cases of mutual presence have or will by those on the Defendant's
side be spoken to in a positive way: and thus it is that
the same blank Demand paper serves for the two in some
respects to considerable different cases — to wit the ones where
the party or parties on the pursuers side who are the only parties
present, and the case where all parties on both sides are all
present at the same time.
9
Art. 9. These absences therefore
in so far as depends upon
pursuers statement is to
be depended upon must
be established before the
Judge can be justified
in taking measures for procuring
defendants will
be
After entry made, on the Record, of that portion of the
of a suit — of one and every sort of suit — what remains
is — that which has to present to view the operations and correspondent
instruments, employed in the in case of later contestation
the requisite , and examinations, and necessary
execution and effect to the terminative mandates. If when and in so far
as favorable to the pursuer's side and at the charge of the Defendant's
side to the termination of the present Enquiry which
is by the Original as in contradiction contradistinction to the
or Quasi Jury Enquiry.
19
Art. 10 Thus are p anticipated
all the possible
sources of the defendants
defence. By Under one or more
of those general descriptions
will come whatever can
be addressed by him
to that purpose and
effect.
To the reader it will naturally be more or less
satisfactory to thus to embrace at one view, though it be but in the
way of anticipation all the several operations for the performance
of which a demand can have place in the field of procedure.
11
art. 11. But in Pursuers
demand with Defendant's
defence, and the abovementioned,
marking is
instead comprehended
the whole of the matter
belonging to a system<lb?>of Procedure so far
As belongs to the Original
Enquiry and of this the evident
or
Quasi Jury Enquiry is
but a repetition.[+]
[+] Remain only 1. the business on Appeal
which is but a in the
question of law.
2. The modes of execution which can not
but vary according to it. to imperative
decree in each suit, which the tenor of whichwill
will vary according to the corresponding
arrangement in its right-conferring
and wrong-restraining
branches of the substantive Code:
12
Art. 12. Comforting will naturally
be this an all comprehensive word like
this, though it be but anticipation
of the word operation to be preferred.
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Identifier: | JB/055/261/001"JB/" can not be assigned to a declared number type with value 55. |
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1825-02-13 |
8-12 |
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055 |
Constitutional Code; Procedure Code |
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261 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
D8 / E4 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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17982 |
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