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1825 March 3 19. B A +
Procedure Code
IV
Ch. IX Intermediate proceedings
(1) §. Counter Security
☞ 19 March 1825 This to be read over
character and requiring
and disposed of.
1
Countersecurity
in ordinary cases
little difficulty
Art. Happily, in the general ordinary run of cases
there will be little difficulty: the responsibility of the
pursuer, as established by the satisfaction and punishment
in case of attached to falshood will afford satisfaction
the on the one hand situation of the nature of the service demanded
coupled with the situation of the Defendant will not require
any such for the serving compliance on his part
or at any rate the effect sought for by from his compliance
any such vexation on his part the imposition of any such as would present
a serious danger of ultimate injustice: and the less
the danger from the direct security, at the charge of the defendant the less would
be the evil of the vexation/ necessary to be produced by the exaction of countersecurity
at the charge of the pursuer to prevent restrain him from
contributing through sinister danger is negligence
to impose the first vexatio0n in the Defendant.
2
But no evil though
of unfrequent occurrence
if excludible without
preponderant evil
should be neglected
by legislator
by the legislator no evil which is or
may be possible to exclude without preponderant evil
should the Legislator be suffered to pass unhindered or unprovided for against the imagination
of the Legislator or his servant the Judge: in the respective< accounts with
the public, every and individual instance of evil that presents
itself will be to be set down under the hand of loss: if
the case of most frequent occurrence will be provided for
with most care, neither will those of the least frequent
occasion remain neglected: especially since in
whatever part of the field the provident eye of the legislator
has left a fall unclosed sinister interest the whose
object of which will naturally be stronger than eyes will lay stronger interest be rendered sharper than his<lb?>will be at work to widen it.
Identifier: | JB/052/540/001"JB/" can not be assigned to a declared number type with value 52. |
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