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Ch. IV Suits, their sorts
(1 § 5 Expeditable &
§5. 3. Summary and Chronical
Any sort of suit may be chronical
Some suits can not but be
Art. A su judicial suit is either 1. Summary or 2. Chronical.
By a summary suit understand that which in relation
to which the principal decision is given pronounced in the same
sitting at which the party or parties on both sides or their respectively
authorized agents appear in the presence of the Judge no
ulterior day being appointed on which both parties are to be in attendance
and no enter into contestation being appointed.
By a chronical suit understand that any one on the
occasion of which a day some day as for mutual contestation is
appointed. On this occasion the term chronical has the
same sense as in the art and science of medicine. it is the by a chronical disease
is meant a disease which is wont to have place
during an indefinite length of time. Thus the Gout and
the Rheumatism are chronical diseases.
In some cases In a certain class of cases
the suit can not be otherwise than Chronical. But there
is no class of cases in which the suit can not be otherwise
than summary, for there is no species of case nor
any individual case in which it may not happen that
adjournment shall become necessary to justice. For, for
example there is no individual case in which it may not
happen to one or more of the dramatis pers actors in the
judicial theatre to be prevented from attendance by death, sickness
or other accident.
1
Art. 1. Suits summary
and chronical
By a summary suit
understand a suit dispatched
at the end
of the shortest least smallest length
of time: by a chronical
suit a suit dispatched
at the end of any less
greater length of time
2
Art 2 Considered as descriptive
of the sort of suit the only
difference between a summary
sort of suit and
a chronical sort of
suit is that whereas
a summary suit may
be dispatched at the end of
the smallest length, a
chronical suit can
not be dispatched till
at the end of a greater
length of time.
A suit of any
sort may last for any
the greater length of time
the absence of a necessary
witness or piece of real
or written evidence suffices
to produce this effect
3
Art. Generally speaking
a suit will be likely to
be the more lengthy
the more complex it is
But some ca modes
of complexity may be
apt to produce greater
lengthness than others.
Identifier: | JB/052/450/001 "JB/" can not be assigned to a declared number type with value 52.
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1823-08-16 |
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constitutional code; procedure code |
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450 |
constitutional code |
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jeremy bentham |
j whatman turkey mill 1822 |
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jonathan blenman |
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