JB/052/055/001

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1824. Novr. 20
Procedure code

2 17
Ch. 1V Stages of Procedure
2

Ch. IV Stages of Procedure
§.3. Mutual attendances

1.
1. First Mutual Attendance:
Defendant's 1st
attendance.

Now may all parties
bring all their
evidences.

Better so, than not:
for thus may matters
be settled now.

2.
2. In this case will
be the vast majority
of suits.
Examples.
1. Small Debts.
2. Trifling Assaults.
3. Vituperative Maldiscourses
if without
or with for Witnesses.  ?
4. detected thefts.

3.
3 Be the case ever so
complicated, how may
generally be settled —
1. The laws — facts in issue
2. In relation to such
evidences as have not
been adduced, the persons,
things, to be sought,
and their respective
places.

4.
4. By consent of all
parties on the other
side, on any attendance
after the first,
the presence of any
party or parties may
be dispensed with.

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Ch. IV Stages of Procedure
§.4. Reiterated Enquiry

1.
II. Enquiring Recapitulatory,
or Quasi Jury do

The case in which
an apt Judge will desire
it, is where evidences
which have
been received separately,
as they could
be obtained, required
to be confronted.

A case in which a
party will desire it
is where, to the above
use is added that of
affording, to any error
of the Judge, the Corrective
application by the
Quasi Jury, with ulterior
augmentation
on the whole evidence.
For the check applied
by the Quasi Jury, see
Ch. Quasi Jury Enquiry.

2.
On this reiterated enquiring,
it being recapitulatory
no evidence
will be received that
could have been during
the original enquiry:
to save time,
by consent of parties,
the reexhibition of
any lot of Evidence
may be omitted.

☞

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Ch. IV Stages of Procedure
§.5. Appellate Enquiry

1.
III. Enquiry Appellate
Its efficient cause
on either side, dissatisfaction
with Judge's
decrees.

Sense of exposure to
it, will be among
his checks.

2.
Evidence receiv'd
here none but
what was received
below.

3.
Necessary cost,
comparatively inconsiderable.
1. Sole constant cost
the mere papers of
the record.
2. Incidental cost,
fees for augmentation
by law practitioners.

4.
Matter of the Record,
Statement of
the whole proceedings,
evidence included.
Of this, exemplars,
from 8. to 12, will have
been written, at the
same time, by the
same hand, by an invention
in use.
Saved thus.
1. Time & expence of
Skilled labor in revising
for correction
2. Possibility of variances,
thence of error.

5.
Record, transmitted
by post. Expence
imposed afterwards
on the party in the
wrong if solvent.

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6.
Augmentative fees.
Code requiring, and
Respondent unable,
power to Judge below
to defray the expence:
to wit —
1. Exacting from Appellant,
in addition to fees for his
own side, the equivalent
for those on the other
side: or
2. Ordering money out
of the Helpless Litigant's
fund, as above.

7.
Power to Judge's Appeal
to fine for undue
Appeal, coupled with
insincerity, temerity,
or malice: fine, for
Helpless Litigant's fund.

Identifier: | JB/052/055/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1824-11-20	Marginal Summary Numbering	1-4, 1-2, 1-7
Box	052	Main Headings	procedure code
Folio number	055	Info in main headings field	procedure code
Image	001	Titles	ch. iv stages of procedure / mutual attendances / reiterated enquiry / appellate enquiry
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2 / f17
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	16728
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