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3 June 1804 16
Evidence Procedure
Ch. <sic>Justiciability
§§ Co-Creditors
(2
</note>1 2
In of insolvency,
or impounding, the Judge
on providing for the
pecuniary justiciability
of a deft, in favour
of the plff, ought to
make regard look to the interests
of other creditors</note>
§§ interests of Co-Creditors.,
The interests of the individual plaintiff are not only the objects but an the sole object of the
plaintiffs case. The interests of all individuals either plaintiffs or entitled to become
so, ought to be by the of the legislator, provide for by the of the Judge.
Rule 12 2 Whenever at the instance of being the plaintiff person
in the character of plaintiff, security <add> corporal, real or fide justerial is taken for the justiciability
of a defendant in respect of property, if any indication or suspicion of insolvency,
actual or impending, total or partial, presents itself
to the Judge observation of the Judge, care measures ought to be taken by him
for securing to the other creditors of the same defendant, the amount
of their just rights. Upon the first occasion that reasons for the
examination viva voce<add> of the defendant, it should accordingly be among
the objects of the enquiry, whether the cause of the repugnance to pay
the debt, or yield the service claimed, <add> whatever other service may have been is a real
of its not being legally due, or the mere inability, temporary or ultimate,
to comply with the demand.
3<lb?> 1. List being made out
from Defts examination,
judicial letter
to each by plff
2 3 In case of suspicion of inability as above, a list of the deft creditors<lb?> ought to be taken, the defendant being f strictly examined [for
that purpose,] and preappointed printed forms of letters with the blanks filled
up, being prepared for the purpose, a letter ought to be sent to
each of them, under the seal of the Court by the post.
3 4
Also at discretion of the
Judge
2. Entry of list on a
register-book open
to inspection.
3. Promulgation, by<lb?> newspapers &c —
for Creditors to name on
14 4 Moreover, list by design a forgetfulness or by design (which
however can not be without perjury) the names of any creditors be omitted out
of the list; two further modes of notification, one or both ought
to be made capable of being taken employed, at the discretion of the Judge.
Entering An entry to be made into a book to be kept for that purpose, to be continually
accessible to all persons, for a certain fee: 2. promulgation,
in the most possible form in usethrough the most public channels for example through the medium
of the newspapers, public press and the like.
5
Creditors
coming in accordingly
not to share in the
effects without paying
this quote to their
costs of this suit — in
which the notice to their origin what
5. Such Subsequently-acceding creditors ought not to be admitted
to partake of share the benefit of the exertions made by the first applying pursuing <lb?> creditors, without defraying a portion of his expense, or submitting
to certain deductions from their claims for his benefit, in the event
of a want of on the part of the defendant to afford full compleat satisfaction
to the aggregate mass of claims.
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Identifier: | JB/057/083/001"JB/" can not be assigned to a declared number type with value 57. |
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1804-06-03 |
2-5 |
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057 |
evidence; procedure code |
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083 |
[[info_in_main_headings_field::[evidence deleted] procedure]] |
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001 |
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text sheet |
1 |
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recto |
d16 / e2 |
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jeremy bentham |
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18413 |
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