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79. Defender not
making his defence
within the delay, the
audience to be pour-suivie
on an act d'avoué
à avoué.
80. Provision for the
case of the demandirè
not signifying reponse
within the time: either
may proceed.
82. Where proceedings
may be by act from
avoué to avoué, no
others entrenait en taxe.
83. Cases where communication
must be
made to Procureur
du Roi, very extensive
though in non pen:
all others may be
referred to him by
himself or the Judicatory.
84. Procureur du Roi
may be supplied by
one of the Judges, principal
or suppleans.
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85. Power to parties
to defend themselves,
provision for decorum.
86. Functionaries not
employable by the
parties: power to them
to speak in their own
cause or that of certain
connexions.
87. Exceptions excepted
pleadings public
but for certain causes
may be secr
, in this
case communication
is to be made to either
of two functionaries.
88-9. Provision for
general decorum.
90. Functionaries
disorderly suspended
for the first time not
exceeding 3 months,
but nothing to hinder
their being dislocated.
91. Provision for
good behaviour of parties
&c, before Judge:
imprisonment not exceeding
one month:
fine from 25 to 300 francs,
fixed term for defencive
case of delinquant's departure.
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92. In case of extra
criminality suit referred
to the Judicatory
appointed by the
Criminal Code.
93. Power to Court to
refer the pieces, evidence
included, to a
Judge for his report.
94. In ordaing obedience
to the judgement
of the whole
Judicatory, divers formalities
abolished:
one party not giving
in his piéces judgement
grounded on
the other's do.
95. If suit be not
ready for argument
or judgement, reference
to a Judge for
his rapport (l'affaire
sera instruite?)
No such reference, but
at the audience and
by a majority.
96. After this communication
of piéces
quinzaine for demandeur
to produce his
moyens: after signification
of judgement.
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87. Cognizance may
thus be taken from
the public opinion
Tribunal, at pleasure.
94. The abolished formalities
seem to exclude
the paying for
a copy of the decree.
The pièces should
from first to last be in
the possession of the
Court, as soon as obtainable.
95. Does this mean
fresh evidence is to
be collected. Note here
delay by multitude
of Judges. Vide 96.
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97. Another quinzaine
for defendeur.
Defenders divers, so
many successive quinzaines.
98. Demander not
bringing in his moyens
in time, defendant
may his: then demandeur
has huitaine
for communication &
contredine: if
none, judgement on
the production of the
defendant.
99. Like proceeding
for demandeur, defender
making default.
100. Defenders divers
if anyone has made
production, judgement
on what has been produced.
101. Defendants divers
plaintiff in default;
the most diligent defendant
gives in his
pieces & calls for judgement.
102. Power to any party
to produce new
pièces,
and to cause
fresh procedure by instruction.
103. Huitaine for the
other to take communication
& make
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103. answer. Magnitude
of reponse limited
to six rôles.
104. Obligation on avoué,
to atest on
each piece the number
of rôles, on pain
of not being included
in costs.
105. Costs allowed
for no more objects than
those mentioned in
this title.
106. The greffe, receives
the communications
on the recessifsés of the avoués.
107. An avoué not
giving up pieces borrowed
by him, summarily
condemned to
costs of 10 francs for
each kept back. Huitaine
delay, prisoner
& suspendible. This
at the requisition of
a party on a simple
memoire, add commuicated
either to
President, rapporteur
or Procureur du
Roi.
108. In the greffe is
to be a Register which
contains proceedings
in order of time. Columns
for heads: & blank column.
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108. Heads – date:
parties, avoués &
rapporteur.
109. All parties having
made their exhibits
or time elapsed, greffier
at the requisition
of the most diligent
party, transmits
the exhibits to rapporteur,
who adds his
signature to the blank
column.
110. Provision for rapporteur's
inability
by death &c.
111. Every report should
be made at the audience,
even if au deliberé;
rapporteur
not giving his own
opinion. Defendant
must not now he
heard: power to him
to transmit to President,
indication of
imperfections in the
rapport on the spot.
112. The suit communicable,
Procureur du Roi, to be
heard at l'audience.
113. Judgements ex
parte for want of opposition,
no new opposition.
114. Judgement pronounced
Rapporteur returns
exhibits to Greffier
is discharged by cancelling
his signature.
115. Avoués in receiving
back their pièces les
emangerout.
Note. What a complicated
business! from interposition
of rapporteur, and multitude of Judges.
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97. As if one might
not serve for all.
98. Opposition on former
occasions, contre
dire in this.
102. Delay indefinite
producible by keeping
back pieces: instruction,
does it not
mean collection of evidence?
if so what are
piéces?
103. Now not opposition,
or contradiction
but reponse. Of the
quantity in a rôle?
This another subject
of unbending rules.
106. What mean these
recepissés? The avoués recessissés
are not receiving but
communicating. Does
it mean signatures by
avoués, acknowledging
receipt by the parties?
111. Namely in public.
114. Why trust to a
scratch in this case
more than in others?
Why not Receiver's initials?
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Identifier: | JB/031/236/002 "JB/" can not be assigned to a declared number type with value 31.
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031 |
code civil |
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236 |
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002 |
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rudiments sheet (brouillon) |
2 |
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recto |
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richard doane |
j whatman turkey mill 1822 |
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jonathan blenman |
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1822 |
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9922 |
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