★ Find a new page on our Untranscribed Manuscripts list.
1826. Augt. 22 + Book II 1
Procedure Code
Note>Ch. 1 Matter common to all
suits</note>
3. Execution probation
communication</note>
1
Ch.
Matter common to all suits
1 Relation between execution, probation and communication
<p. 1. Execution is last in act, but first in design
It relates supposes the existence of and bears necessary influence
to a correspondent arrangement of substantive law
2
demand
execution the object</note>
Of every individual demand the object is to obtain
in the execution of the law cause in the individual case in question execution add and to be
given<d/el> and thereby is otherwise effect to be given to some
determinate arrangement — a general arrangement — of substantive
law; be obtained at the hands of the Judge
3
But Judge will not
give effect to the means
of execution unless
satisfied of the existence
of a certain set of facts
being the case written
the of facts<d/el> cases in which
provided execution is
provided for by substantive
law</note>
But the J to any such demand the Judge will
not give effect or for the purpose of effect execution in the individual
in question execution to the alledged general
arrangement of substantive law — for he will not be warranted
in so doing — unless he is satisfied that a set of
facts are or have been in existence, such as to have brought
the individual case in question within the of facts
which the general arrangement of substantive law are
indicated spoken of as being such that the existence of in requisite
time and place of a fact or facts included in
that genus has had place in such sort that they constitute
in favour of the demandant an efficient cause of right
or title authorizing the Judge to render the service demanded
at his hand by the demand
By It is by bringing to the view of the Judge such full<lb?> sat evidentiary or probative facts) as have the effect of satisfying the
Judge of producing in his mind an in sure judgment that
a
certain individual fact or set of facts
belonging to that
genus have had in time
and place requisite
had place, that
the honest probation has been performed.
Identifier: | JB/057/137/001"JB/" can not be assigned to a declared number type with value 57. |
|||
---|---|---|---|
1826-08-21 |
1-4 |
||
057 |
procedure code |
||
137 |
[[info_in_main_headings_field::procedure code book i[?]]] |
||
001 |
ch. / matter common to all suits / relation between execution, probation and communication |
||
text sheet |
1 |
||
recto |
d1 / e1 |
||
jeremy bentham |
j whatman turkey mill 1824 |
||
admiral pavel chichagov |
|||
1824 |
|||
18467 |
|||