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Corrected all but 4 126
Ch. VII Suits — their Sorts.
§.6.4. Original & Excretitious
Ch VII Suits — their Sorts.
§.6.4. Original & Excretitious.
1.
Art1. Excrititious, a
Suit grown out of matter,
called thence the
Original.
2.
Art 2. Sources of excretitious
Suits.
1. Obstruction. viz. to the
course of justice.
2. Retaliation, (judicial)
viz by counterdemands.
3.
Art 3. Sources of obstruction.
1. Original circumstances
of parties at commencement.
2. Incidental or adventitious:
springing out
in the course of the
suit.
4.
Art 4. Original Sources.
Examples.
1. Applicant's relative
indigence, thence inability
of himself to
pursue.
2. Applicant's deficiency
in respect of natural
responsibility.
[As to Natural Responsibility
See Const Code
Ch. Legislation §. §§
5.
Art 5. Incidental on
adventitious sources
of obstruction. Examples
1. Non Compliance: viz
with reference to Judge's
decree: on the part of
1. parties: 2. Extraneous
Witnesses: 3. Judicial
functionaries: 4. persons
at large incidentally
called upon for judicial
services on the
occasion of the suit.
For a compleat list of these
obstructions, with the several
for removal, see Ch.
Ch VII Suits — their Sorts.
§.6.4. Original & Excretitious.
6.
Art 6. Practical use
of the mention made
of obstructions.
Rule.1.
From obstructions in
any number, & need
of correspondent excretitious
suits in consequence
make not
a ground for delaying
longer than necessary
the termination of their
original suit.
7.
Art 7. Rule 2. where for
the purpose of the original
suit, evidence has
been adduced sufficient
to warrant conviction
of delinquency in respect
of an obstruction,
proceed to judgment and
execution accordingly:
making up the second
of the excretitions, without
waiting for the termination
of the original suit.
8.
Art 8. Exemplification of
the use of these rules,
as applied to testimonial
falshood, uttered in
the course of the suit.
In one and the same suit,
by the same or any other person
or persons testimonial falshoods
may, in any number,
have been uttered,
when the grounds for
witholding evidence credence
have been sufficient
for conviction of falshood,
and no further
grounds or ground for
defence could be obtainable
by any separate
suit.
Ch VII Suits — their Sorts.
§.6.4. Original & Excretitious.
9.
Art 9. Exemplification
of the use of the rules. In the
English system, for
want of such rules
falshoods, by thousands,
remain unpunished,
and in a vast proportion
give to the criminal
the profit sought by his
crime. on in case of a separate
prosecution, the expence
delay and vexation being
vast and certain, adequate
motives wanting,
and conviction,
judgment, and execution
eminently uncertain.
For cases of obstruction
in detail, see the Chapter
on Judicial Obstructions. Ch.
10.
Art 10. Practical use
of the mention made
of judicial retaliation.
Rule 1. If, from the
Applicant's examination,
it appears, that the
proposed Defendant
has a counterdemand
against him, impose
not the burthen of defence,
unless if applicant's
statement be
correct, service in
some shape is due to
him on the balance.
11.
Art 11. Rule 2. For this
purpose, make this a
constant part of the applicant's
examination.
12.
Art12. Rule 3. On the first mutual
attendance, take
cognizance of all subjects
of disagreement,
and decide accordingly,
doing what can be done
towards reestablishing
amity.
12 contind
amity of affection, and
producing on both sides
a sentiment of approbation
in relation to
the decrees, if any issued
in conclusion
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