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1827. Novr. 10.
Law AmendmentPropositions
Ch. II. Codification
XII. Remedies
1. Preventive
2. Suppressive
44 or 13. Suppress. Off. Contin. Non-service
Reasons for this rule.
1. Hardship of compulsion.
2. Uncertainty of it's effect.
3. Delay occasioned by it.
4. Complication resulting
from it.
45 or 14. Suppress. Off. Contin. Non-service
Examples of application
of the above rule.
1. of evidence.
2. Concurrence in
conveyances.
3. Performance of contracts.
4. Prehension of things
in satisfaction.
5. Do. for non-performance
of contracts.
46 or 15.
Under existing system,
needless compulsion.
Efficient cause, expected
profit, official and
professional.
47 or 16. Suppress. Off. Contin. Non-Service.
Example – Mandamus.
48 or 17. Suppress. Off. Contin. Non-Service.
Profit to Judges and
functionaries in the
King's Bench.
49 or 18. Suppress. Off. Contin. Non-Service.
So in the Common
Pleas.
50 or 10. Suppress. Off. Contin. Non-Service.
Profit to functionaries,
from distrainers
and issues.
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51 or 20. or 1. Remedy Execution
To delinquency in all
it's shapes, applies remedy
in all it's shapes:
to remedy in each
shape corresponds execution
– i.e. individual
application of it.
52 or 21. or 2. Suppress. Rem. Sup. Satisf.
Case where suppressive
and pro tanto, satisfactive
remedy coincide,
where, to suppression,
operation on delinquent'
active faculties
is not necessary.
53 or 22. or 3. Suppress. Off. Contin. Neg. Rems. pathological
Sole case where operation
on delinquent's
active faculties, is
where the offence to be
suppressed is negative
consisting in the non-reddition
of personal
service for the production
of an effect not
otherwise producible.
54 or 23. or 4. Suppress. Off. Contin. Neg. Rems. pathological
Examples from the existing
system – Mandamus
in two cases.
1. Case 1. Performance
of or concurrence in
an election which can
not otherwise have
place.
2. Non-exhibition of a
piece of written or real
evidence which, if not
exhibited by the Defendant,
may be taken
from him.
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55 or 25. Suppress. Satisf.
Between suppressive
and satisfactive
remedy, coincidence
not compleat.
Identifier: | JB/064/130/001"JB/" can not be assigned to a declared number type with value 64. |
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1827-11-10 |
44 or 13 - 50 or 19, 51 or 20 or 1 - 54 or 23 or 4, 55 or 24 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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1824 |
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20484 |
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