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1828 July 21 +B
Judicial Establishment or Procedure Code
Preface?
26
Services divided
1. Effective
2. Judicial
In The allegation made on the occasion of a suit
by partial and extraneous witnesses together, two parcels
admit of being and require to be distinguished. One
The first in order of time consists in the statement
made by or on behalf of the Plaintiff of the service
demanded at the charge of the Defendant call this the effective service through the medium<lb?>of the service demanded at the hand of the Judge call this
the judicial service: the judicial service consists in rend
compelling the Defendant to render to to the plaintiff the
effective service: in a civil suit for example paying the money
due: in a criminal suit, undergoing the punishment appointed
for example for the purpose of deterring others from the
commission of the like crimes.
27
Grounds of division
1. Ground on point of law
2. Ground on point of fact
Example
But <add>a<a/dd> when done this
service be this service what it may in no case would
the Judge feeling himself warranted in causing it to be
rendered unless on appropriate ground for the rendering it
shall have been adduced. This ground must in every
case be composed of two perfectly distinguishable and distinct
parts: namely the ground in point of law, and the ground in
point of fact: the ground in point of law: for example
that the ste of the alw in some aprt of the law there<lb?>exists a choice commanding <del.an man in a certain in the case<lb/.therein described one man to pay moeny to such or such<lb?>an amount to another: as for example a man who has<lb?>brought and received<A/dd> of a Baker a quantity of bread, the <Add>quantity of<a/dd> moeny
whihc he had agreed to pay for it: the gorund on point of
fact: for example that at such and such a time in such and suchg a place
<del.the quantity of bread defendant bespoke of the plaintiif<lb?>of the plaintiff a ceratain quantity of bread, agreeing <Add>promising at the
same time by the confirming in <del.this such cases to<lb?>pay for it at the cvorrect price for it when delivered.
Identifier: | JB/056/252/001"JB/" can not be assigned to a declared number type with value 56. |
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1828-07-21 |
26-28 |
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056 |
Procedure Code |
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252 |
Judicial Establishment or Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
C7* / F8 |
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B&M 1828 |
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Arthur Moore; Richard Doane |
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1828 |
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18308 |
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