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1823 Octr. 25
Constitutional CodeI. Enactive Part
Ch. Appellate Judges
§. Grounds for Quasi Appeal
Art. 2. In a certain case, by delay, over and above vexation
and expence, by delay, the effect of misdecision may be produced.
This is where, the period, within which the a means at
needful and of itself in conjunction with others means
sufficient to give execution and effect to the portion of law
in question might have been obtained being having been suffered
to elapse, rectitude of decision is thereby rendered impossible, and
misdecision is of necessity substituted made to take place. Say for shortness
Through delay misdecision necessitated: or Through delay, rule
right decision impossibilitated.
Art. Every such means is reducible to the head
of forthcomingness: forthcomingness is of persons or things: it is to the
purpose of justiciability or to the purpose of evidence.
Art. Delay is temporary non-operation inaction absolute
or relative, all comprehension is particular. In the case
of undue delay, the has for its effect misdecison of the or what is equivalent, for its effect understand by the term of undue delay
the length of time during which such inaction continues.
If by the to that The case suppose is such
that if the appropriate within the case if undue means had been employed, the forthcomingness
of the person or thing in question might and could
have had place: but by reason of the delay, the means
being no longer applicable such forthcomingness is unobtainable.
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