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1824. Feby 2
Procedure Code
5
Ch
(2) 5 §. Non pursuance of Notice
13
In regard to expense
for evasion of a burthensome
obligation
(as for non attendance)
irreparable damage
to be guarded against
In regard to an excuse for the evasion of a
burthensome obligation for example attendance at the judicatory,
is non-compliance with any other a mandate
or inhibition issued by the Judge for any other purpose
the thing result most anxiously to be guarded against is —
irreparable damage
14
Irreparable damage
sources
Of irreparable damage the two main causes are
1 Deprivation of
evidence
1. Deprivation of evidence —of a source of evidence, the
non exhibition of which would with a greater or less
degree of probability up to certainty be patent to the
interest of a party, or one or other side in the suit
2 Nonforthcomingness
temporary or ultimate
Non forthcomingness temporary or ultimate of any to the purpose of justicability</add.
person or thing, to the purpose the forthcomingness of
which was necessary to the giving effect and
effect <add>on the provision and to the demand of the pursuer, on the defendant's side
to the absolution of a defendant, where due
15
In a penal case most
pregnant example of
irreparable damage
escape of the guilty
In a penal case the shape in which the irreparable
damage is most apt to ensue, is the escape of the a
guilty defendant in part or in the whole, from the
punishment incurred by the offence.
16
less frequent example
punishment of the
innocent
A much more incident but much
less apt to have place would be the subjection of a person
not guilty of the offence who has not borne any part
in the offence for which the punishment is inflicted.
Identifier: | JB/057/182/001"JB/" can not be assigned to a declared number type with value 57. |
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1824-02-02 |
13-16 |
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057 |
procedure code |
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182 |
procedure code |
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001 |
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text sheet |
1 |
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recto |
c2 / d5 / e5 |
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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18512 |
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