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1828 July 21 +B
Judicial Establishment or Procedure Code
Preface?
26
Services divided
1. Effective
2. Judicial
In The allegation made on the occasion of a suit
by partial and extraneous witnesses together, two parcels
admit of being and require to be distinguished. One
The first in order of time consists in the statement
made by or on behalf of the Plaintiff of the service
demanded at the charge of the Defendant call this the effective service through the medium
of the service demanded at the hands of the Judges call this
the judicial service: the judicial service consists in rend
compelling the Defendant to render to to the plaintiff the
effective service: in a civil suit for example paying the money
due: in a criminal suit, undergoing the punishment appointed
for example for the purpose of deterring others from the
commission of the like crimes.
27
Grounds of division
1. Ground on point of law
2. Ground on point of fact
Example
But a when demanding this
service be this service what it may in no case would
the Judge feeling himself warranted in causing it to be
rendered unless on appropriate ground for the rendering it
shall have been adduced. This ground must in every
case be composed of two perfectly distinguishable and distinct
parts: namely the ground in point of law, and the ground in
point of fact: the ground in point of law: for example
28
Distinction between
Statement of the Ground on point of fact
and evidence exhibition
of the evidence
that the state of the law in some part of the law there
exists a clause con commanding one man in a certain in the case
therein described one man to pay money to such or such
an amount to another: as for example a man who has
bought and received of a Baker a quantity of bread, the quantity of money
which he had agreed to pay for it: the ground on point of
fact: for example that at such and such a time in such and such a place
the a quantity of bread defendant bespoke of the plaintiff
of the plaintiff a certain quantity of bread, agreeing promising at the
same time by the deportment customary in this such cases to
pay for it at the correct price for it when delivered.
Identifier: | JB/056/252/001"JB/" can not be assigned to a declared number type with value 56. |
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1828-07-21 |
26-28 |
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056 |
Procedure Code |
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252 |
Judicial Establishment or Procedure Code |
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001 |
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Text sheet |
1 |
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recto |
C7* / F8 |
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B&M 1828 |
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Arthur Moore; Richard Doane |
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1828 |
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18308 |
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