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1825 May 13
Procedure Code
Note that in both those cases the mandate of
the substantive law is not absolute but conditional eventual only,
depending for its execution on the mandate of the Judge.
For suppose it absolute then by non-compliance a wrong
is committed which by the supposition is not the case.
To compleat the number of the diversifications which
the state of things admitts of, in addition to the case
in which by the supposition past wrong has no part and the case in which
it has a part remains the case in which according
to the which at the close of the inquiry it may turn out
that wrong has been committed – that wrong requiring
presenting of course a just demand for satisfaction, or that no
wrong presenting such demand has been committed: but that at any rate no
such wrong has been committed as presents a demand
for punishment over and above or in lieu of satisfaction.
In this case the name of the suit may be stiled a
suit inculpative or not, but not criminative.
Stand in the order most convenient for consideration
for the purpose of exhibiting the contents of the paper by
which in the several cases the demand with the several
circumstances additions necessary for determining the course to be taken by
the Judge in the several cases of Defence or non-compliance withut defence
the different species of suits will stand as follows.
1. Case not inculpative. Suit simply requisitive. | 1. Case criminal penal either and purely public. Suit criminative, penal punitive, and purely public.
2. Case inculpative or not, but not criminative. Suit inculpative or not but not criminative and satisfaction requiring. | 2. Case criminal, penal, and individual and public-regarding: suit criminative, punitive and satisfaction requiring.
3. Case punitive criminal and purely public-regarding. Suit criminative punitive and purely pubic. | 3. Case inculpative or not but not criminative-private. Suit, inculpative or not, not criminative, private, satisfaction seeking.
4. Case criminal and, public and fully individual
rewarding. Suit criminative and publico private. | 4. Case not inculpative, simply requisitive: security seeking promoting or prosperity promoting, security seeking or encreased prosperity seeking.
Identifier: | JB/055/196/001"JB/" can not be assigned to a declared number type with value 55. |
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1825-05-13 |
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055 |
Procedure Code |
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196 |
Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
C16 |
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17917 |
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