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1823. Decr. 30
Constitutional Code
Precipitation is undue promptitude. It has place, in
so far as before at a time anterior to the earliest time at
which the operation or operations in question could be
carried on without a certainty or a more or less considerable
probability of producing the an effect of the same nature
with this or that effect which would be produced by
misdecision, is produced without any correspondent decision, and misdecision, some step is taken, by which in consequence by the
consequently without misdecision advance thereby made in the progress of the cause has the effect of putting an exclusion
on some of the means necessary to form a ground for right decision
and thus produces misdecision in the place of it.
By undue promptitude precipitation the ways shapes in which the
effect of ultimate misdecision ultimate or antecedent are is
producible are as follows.
1. All the several modes shapes in which as above it
is producible by delay. For suppose for example an ultimate decision
pronounced at a time, when, either the necessary requisite means of proof or disproof hav
not be that could have been employed have not been employed
or some necessary means of provisional execution, which but the this promptitude
of the decision might have been employed, have failed to be
employed, in this case likewise the decision pronounced
will either be misdecision or production of be productive of the same
effect as if misdecision had been had place: an
effect opposite to that which would have had place had
due execution been given to the law may in consequence have
had place.
In comparison Compared with delay, precipitation has the
advantage of not being as delay essentially is productive
of vexation and expence in addition to misdecision as the
bad evil effect of it.
Identifier: | JB/034/245/001 "JB/" can not be assigned to a declared number type with value 34.
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