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1824. Novr. 20.
Procedure Code.

1 P1 16
G Ch. IV Stages of Procedure
1 §.1. Original enquiry.

Ch. IV Stages of Procedure
§.1. Original Enquiry

I.
1. Stages of Enquiry 3.
1. Original Enquiry.
2. Reiterated, recapitulatory,
or Quasi-Jury Inquiry.
3. Appellate Enquiry
These, the same in all
cases.

On each enquiry, Sittings
and Hearings in
any number. See below.

2
2. Original Enquiry
its business. Judge, after
hearings, pronounces
his definite decrees,
opinative & imperative,
and gives execution &
effect, if there be no
reiterated enquiry.

3.
II. Reiterated Enquiry
its efficient causes
1. Judge's spontaneous order.
2. Demand by pursuer
3. Demand by Defendant
Spontaneously, he may
order it: on demand
he must.

4.
III. Appellate Enquiry
It's efficient cause, demand
from either
side.
1. Ordinary time, after
definite judication &
before execution.
2. Extraordinary time,
after interlocutory decree,
and before execution
thereof, where,
but for Appeal, interlocutory
might have
the effect of definitive
Exampled 1 Under delay —
2 precipitation
3. Exclusion of evidence.


---page break---

Ch. IV Stages of Procedure
§.2. Original Enquiry Initiatory Application

1.
2. Original Enquiry
Initiatory Application
1. If contention, as on
the occasion of a suit,
commences by a public
application to the Judge
by same person, as pursuer
or pursuer's substitute.
Exceptions excepted,
by pursuer.

2.
If upon Applicant's
own shewing, no probable
just cause of demand
appearing, the
suit is dismissed: vexation
thus to none but
applicant.

3.
3. Cases for party's non-attendance.
1. His attendance is
impracticable.
2. Preponderantly inconvenient.
3. Plainly useless or needless.

4.
4. In case of falshood,
coupled with insincerity
or sincerity applicant
is responsible as effectually
as an extraneous
Witness. So every other
actor in the Judicial
Theatre.

5.
5. Also, for purposed
insincerity or temerity
in respect of vexation
to party, Witness, Judge,
or any other Actor.
Application causeless
Wanton or Malicious
fine to Helpless Delinquent's
or say Equal
Justice
fund.


---page break---

Ch. IV Stages of procedure
§.2. Original Enquiry Initiatory Application

5.
5. Applicant may bring
all or any witnesses
Such retained, they
will all be counter
interrogated.

6.
Applicant, if with
or without other witnesses,
he is unable to
speak to ascertain
fact, but indicates one
who could probably
speak to it, but whom
he could not bring,
Judge before dismission
or extention, may
convene the alledged
probable Witness; upon
like indication
by him, another, and
so on, til thro' one
or more such indicate
Witnesses, a
percipient Witness
is found whose evidence,
as such is employable.

In so far as the procedure
takes this
course, it is investigatorial.

Penal, the case in
which such investigation
is most in demand:
but it may
be in any case in
which the importance
will outweigh the
vexation.




Identifier: | JB/052/054/001
"JB/" can not be assigned to a declared number type with value 52.

Date_1

1824-11-20

Marginal Summary Numbering

1-6

Box

052

Main Headings

procedure code

Folio number

054

Info in main headings field

procedure code

Image

001

Titles

ch. iv stages of procedure / original enquiry / initiatory application

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d1 / e1 / f16

Penner

john flowerdew colls

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

16727

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