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1823. Decr. 3
Const
Ch. Appellate Judges
§ 1 Appellate when Appeal what
15.
Art 15. Sole further requisites,
without which, actual
execution can
not, but with which
it can not fail to be
produced: on the pat
of he persons, on whom
it depends –
1. the appropriate disposition.
2. Do. power: viz. political:
physical being
included in the above
three.
16.
Art 16. By delay, failure
of every one of the above
three means may be
produced: thence, the
effect of definitive misdecision.
By delay, whether produced
by purely physical
or by human agency:
if by human
whether avoidable or
unavoidable; if avoidable,
whether with or
without blame.
17.
Art 17. II. Precipitation,
is undue promptitude.
It produces, or tends to
produce, the effect of
misdecision, by putting
an exclusion upon
more or less of the above
requisites to the formation
of a right decision.
18.
Art 18. Follow the modes
or ways in which precipitation
produces
the effect
1. All those in which,
as above, delay produces
it.
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19.
Art 19. Example.
1. Necessary proof ready
to be produced tomorrow,
not before: definitive
decrees pronounced
today. Relation
had to the adduced grounds
of decision, if the decision
therein pronounced
is right in appearance,
it will be misdecision
in effect.
20.
Art 20. 2. Obtainable
means of securing execution
today denied,
seizure of body or goods
decision, ordering execution
is pronounced
instead. Misdecision
none: but persons and
good escaping, the effect
of misdecision is
produced.
21.
Art 21. Points in respect
of which, precipitation
is less pernicious
than delay:
1. Vexation, none.
2. Expence, none.
22
Art 22. Points in respect
of which, it may,
in some cases be
more pernicious.
By it may be excluded
such requisites
to right decision as
no delay could exclude.
Examples. By premature
decision, accepion
denied to necessary
and conclusive
evidence.
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23.
Art 23. Ulterior operations
which, altho'
on the occasion in
question, necessary
to right decision, precipitation
may exclude.
1. Argumentation:
viz. on the questions
of Law, as per text:
and fact, as per evidence.
2. Consideration; i.e.
argumentation in
the breast of the Judge.
Identifier: | JB/041/328/001 "JB/" can not be assigned to a declared number type with value 41.
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1823-12-31 |
15-23 |
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041 |
Constitutional Code |
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328 |
Const. |
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001 |
Appellate Judges / Appellant who Appeal what |
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Marginal summary sheet |
1 |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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D3 / E2 |
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J WHATMAN TURKEY MILL 1822 |
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Jonathan Blenman |
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1822 |
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001 |
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