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1823 Dec. 15
Constitutional Code or Procedure
Ch. Judicial Abuse by Pursuers obviated
§ 3. Bonapartes course.
Ch.
§.
54. or 24.
Examination of either
party under this check,
he will not suffer till
the suit is lodged in hand,
in maximizing operations
& instruments by nullities.
55. or 25.
Brought thus in the bud
before an unfeed Judge,
the suit might have been
nipt: and reconciliation,
if the case admitted,
made.
56. or 26.
In Denmark, where Conciliation
Courts originated,
the object was to
keep suits, as many as
possible, out of hands
interested in maximiz..g
expence and thence
vexation: in a considerable
proportion this
was effected.
57. or 27.
For the same instrumt.
(summons to appear)
under it's two names –
(citation & ajournément)
contents are presecribed.
Are they the same? One
mention might have
served: Different? why
different?
58. or 28.
In the court stiled inferior
but relatively superior,
it appears not that
the parties are expected
to make their appearance.
for tho' they are allowed,
(art. 8.5.) they can not appear
without avoués,
under which circumstance,
little advantage
would be derivable to the
bonâ fine suitor against
the malâ fide: since his
avoué would prevent
his making any admission
so far as, at the
interrogation had been ordered
(85.1.)
---page break---
Ch.
§.
58. or 28. contind.
the check on lying being
as above applied in the
---page break---
inferior Court only, and
not till after the commencement
of the suit with
avoués to preserve the
mala fide client from
telling truth and not applied
at all in the Conciliation
court – the purpose
was, on pretence of reconciliation,
to give
birth to lies and altercations
which wd. keep it
at a distance.
59. or 29.
He knowns when it is
wished to apply a check
to lying: when not: he
applies it or not accordingly.
In the regular Court,
to an extraneous Witness,
he applies it: because
there, the Deft. has been
dragged in. In the preliminary
Court, where
he allows either or both
parties to appear, he applies
it not to the applicant:
for if forced to tell
truth and the whole truth,
the suit in the ulterior
Court might then be
60. or 30.
To examination of a person
under this check, he
gives three different
names, according to the
Court in which it is performed:
in the regular
nonpenal Court, performed
upon an extraneous
witness, it is enquête: on a party, interrogation sur
faits et articles: in a
Penal Court, instruction.
This diversity, agreeable
to every eye that likes
confusion, he found,
and has left
---page break---
Ch.
§.
61. or 31.
By altercation without
obligation to truth, obstruction
alone, not
help, can be applied to
reconciliation: and
where reconciliation
can not be effected, nothing
can in that Court
be done: uselsss vexation
is it's sole effect
62 or 32
It gives the malâ fide
debtor so much additional
delay.
It gives to those rich
enough to buy it's assistance
additional
means of oppres:g those
too poor to buy it.
63. or 33.
The great majority
of Suits brought under
established procedure,
in non-penali, are
brought for debt, and
defended for delay of
payment. In thse,
there being no difference
of opinion, nor quarrel
which can be terminated
by any thing
but payment, there
is nothing to reconcile:
no good, therefore, capable
of being done by a
Judicatory, which has
no power to compel payment.
64. or 34.
This Bonaparte
and Romebred System, is
good perhaps in comparison
with the former
Romebred System & the
English bred System: but
bad, in comparison of
the natural &
the only good one, as
here proposed.
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1823-12-15 |
54 or 24 - 64 or 34 |
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constitutional code; procedure code |
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constitutional code or procedure |
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