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1825. April 20
Procedure Code
Instructional
No allowance it
It is by the non discursant
By no other than the non discursant
mad of operation can the function called stiled
the preliminary security affording function be exercised.
It that which is exercised is by securing for the benefit of the pursuer execution pursuers side the eventual
execution of and effect to the law at the charge of the Defendant Defendants side
in the event of so far as the pursuers demand shall have been
in the opinion of the Judge have been deemed well
grounded.
The non-discursant mode of operation is so
only with reference to the person who for the purpose exaction of
of affording the security in question requires to needs to be
operated upon: for by a Judge, as such without employment
given to the faculty of discourse nothing can be done
no effect can be produced.
Of the two modes of operation thus described
the non-discursant mode is the mode the application
of which requires to be in spoken of the precedence in the first
instance: for this is this being the case of which to a large
extent application must be made by the Judge, in
pain of seeing whatsoever he can operations he can perform
by the discursant mode alone, ineffective and useless and
ineffective. When the cases states of things and modes the manners in which
this mode of operation is employable have been brought
to view, and the description passed has passed on to the cases
in which the non discursant mode may be employed
with effect and is accordingly employed, it will all along
be understood that as it being needless, no use is made employment is not
given to the non-discursant mode.
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Identifier: | JB/055/207/001"JB/" can not be assigned to a declared number type with value 55. |
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1825-04-20 |
4-6 |
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055 |
Procedure Code |
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207 |
Procedure Code |
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001 |
Instructional |
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Text sheet |
1 |
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recto |
C2 / E2 |
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17928 |
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