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Corrected all but 127
Ch. VII Suits — their Sorts.
§.8.6. Plurilateral and
Unilateral.
Ch. VII Suits — their Sorts.
§.8.6. Plurilateral and
Unilateral.
1.
Art1. Ordinarily, sides
in a suit, two: pursuers
and Defendants:
in each situation, individuals
in any number
as in Judges: suit
plurilateral, viz. bilateral.
2.
Art 2. Necessary to constitute
a suit, situations
two: whereof the
Judges's one: the other,
either defendant's or
pursuer. Suit in both
cases unilateral.
3.
Art 3. Case, where Defendant's
side only has
place, pursuers being
wanting, Judge occupies
it. Examples
1. Suit Penal. Procedure,
stiled Romanice
inquisitorial: in contradistinction
to accusatorial — the more
ordinary mode.
Initiator here the Judge
to the judicial, he adds
the pursuer's function.
Information he needs
none. On suspicion,
seat and perhaps
source, confined within
his own breast, he
convenes or causes prehend
the object: and
by interrogation, extracts
evidence, direct
or circumstantial,
or both: direct from
responsion, circumstantial,
from responsion
or silence and
deportment.
Ch. VII Suits — their Sorts.
§.8.6. Plurilateral and
Unilateral.
3 contind
Even if Judge acts from
information the more
apt course would be
to consign the pursuer's
functions to the
Government Advocate;
As to whom see Constitut.
Code Ch XL Judiciary
Collectively.
4.
Art 4. 2. Suit Non-penal
Audit of accounts.
Judge stiled Auditor.
Case in which it is most
in use that where an
individual, having recd
money from or for Government,
has to prove
the aptitude of the use
made of it.
5.
Art 5. Case where pursuer's
side only has
place: Defendant's wanting
Judge occupies it.
Example Court of Claims.
Anglicé: benefit claimed
privilege of acting a
part in a State Ceremony,
the Coronation
6.
Art 6. Preferable course,
consigning the Defendant's
function to the
Government Advocate
Thus Anglicé on a
claim of peerage.
So here, on claim of
a place in the Merit
Register, as per Const.
Code, Ch. IX Ministers
Collectively. §.11 Remuneration.
Ch. VII Suits — their Sorts.
§.8.6. Plurilateral and
Unilateral.
7.
Art 7. In both cases, a
Suit has place: for
to have contestation
and judicial decrees
thereupon: else, the
decision would be
avowedly arbitrary:
which it is not in either
case.
In both, the Judge
how inaptly soever,
adds to his own function,
those of the party
or parties on one
side: thus are both
sides occupied.
8.
Art 8. Difference between
numbers of
sides, and do of conflicting
interests. If for every
one of a number
of antagonizing interests
supported in
the course of a suit,
there were a side,
the number of sides
would be indefinite.
9.
Art. 9. Examples are
all cases where a
mass of property is
to be divided among
Co-claimants; as per
§.4. Case where the
Subject Matter is complex.
10.
Art. 10. Example of
causes of opposition
of interests here, are
1. Question, who shall
be admitted — who not
2 Of those admitted,
what shall be the respective
Shares.
Identifier: | JB/052/061/001 "JB/" can not be assigned to a declared number type with value 52.
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ch. vii suits - their sorts / plurilateral and unilateral |
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