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1825. <sic>Feby. March 11 Revised. D.
Procedure Code.
Incuplative. Offence, Suit and case penal, and publico-private.
stated, for the purpose of the Judge's determination, whether to call upon
with the Demand, or to contest it.
VI.
Collative fact alledged
This will be an individual act, belonging
to one of the sorts of wrongous acts, spoken
of under No. IV: and as being constituted
offences by the collative portion
of laws as per N.o V.
[+]1
VII.
Proposed Defendant or Defendants: with
their several descriptions, as far as known
or believed, together with the several means
of intercourse with them respectively, for
the purpose of the Suit, under the several
heads in <sic>N<hi rend="superscript">os.</sic> I & II mentioned.</hi>
VIII.
Sources of the Evidence looked to in proof of the Collative
fact, as per <sic>N<hi rend="superscript">o.</sic> VI.:</hi>
Under this head will not be to be entered
on this paper, anything besides
the sources of the Evidence known or
supposed to be obtainable to wit, such persons, together with such writings, and such other things, if any,
as the Pursuers looks to in that character, for
support to their respective demands.
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X.
Counter-evidence, if any, from what
sources expected..
Counter-evidence
is evidence either
in disproof of a fact, which, with reference
to the Pursuer's demand, is a Collative fact, as per No. VI., or in proof of a fact
which, with reference to it is an ablative
fact, as per No. IX.
XI.
Counterdemand, whether any, & if any
what, according to the knowledge or belief
of the Private Pursuer, declared.
Counter-demand, to wit a Demand on the
part of a proposed Defendant, at the charge
of such private Pursuer. Any such counter-demand,
if just, will, according to the its value,
as compared with the value of the corresponding Effective Services,
take away such Pursuer's right to the Effective
Service it as per No. IV. But it will not
afford, as an ablative fact would, a ground<lb?>for the dismissal of the Private Pursuer's demand:
only for doing away or lessening
the amount of any preliminary security
which might be needful, for securing execution
to the Collative Law, as per No. V. &
service to the Private Pursuer the benefit of
Effective Service, as per No. IV. Much less
will it operate towards the dismissal of
Public Pursuer's Demand, as per No. II.
XII.
Judicial Service demanded.
This will consist in the performance of
all such judicial acts, as will be necessary
for the causing the Collative Law, as per No. V.
to receive execution and effect, & thereby the
Effective service, as per No. IV. to be rendered.
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Identifier: | JB/056/040/003"JB/" can not be assigned to a declared number type with value 56. |
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1825-02 |
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056 |
Procedure Code |
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040 |
Procedure Code Ch. VIII |
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003 |
Demand Paper D |
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Plan |
2 |
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recto |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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[[notes_public::"March 11 Revised" [note in Bentham's hand]]] |
18096 |
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