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1823. Octr. 24
Constitutional Code Procedure I. Enactive PartCh. I - II Quasi Quasi Jury Trial Continuances
§. 1. of Service
Art. Of the modes or causes of complexity in a suit,
non-penal and penal, examples are as follows –
1. Complexity of the subject matter of the demand.
2. Multitude of the elementary collative facts
necessary to the completion of an appropriate
efficient cause of right or title.
3. Multitude of witnesses or of sources of written
or real evidence.
4. Length or multitude of operations necessary
to effect produce effective forthcomingness in relation
to any one or more sources of evidence.
5. Where a habit or
custom constitutes or
enters into the composition
the efficient
cause of right or title,
multitude of the elementary
facts contained
in it, coupled with
the multitude of the
pieces of evidence that
may be respectively
adduced in proof or disproof
of those same elementary
facts.
6. Multitude of parties on either or both sides
of the suit.
7. Multitude of parties on the Defendant's side
of the suit.
8. operative Causes of non-forthcomingness on the part
of persons or things, the forthcomingness of which
is necessary either to rectitude of decision, or
to accordant execution: whether for the purpose
of evidence-yielding, or for the purpose of
justiciability: that is to say, of being rendered
the subject matters of appropriate and accordant
execution, as above.
9. Multitude of demands on one or both sides
of the suit. On the plaintiff's pursuer's side, name of
the demand the original demand, or say Plaintiff's Pursuer's demand. On the defendant's Defender's side, name
of the demand, counter-demand. Such demand
is in effect a distinct suit, in which the Defendant
in the original suit, is plaintiff:
name of this suit, a counter suit or cross
suit.
10. A suit which is complex in respect of the multitude
of demands, is resolvable into as many simple
suits as it contains demands. A suit, having for the
subject matter of it's demand,
a settlement of
an account, is resolvable
into as many simple
suits as the
account contains
items.
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Identifier: | JB/055/238/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-10-21 |
or 10 |
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055 |
Constitutional Code; Procedure Code |
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238 |
Procedure I Enactive Part |
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001 |
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Copy/fair copy sheet |
1 |
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recto |
C2 / E2 |
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J WHATMAN TURKEY MILL 1822 |
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Jonathan Blenman |
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1822 |
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17959 |
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