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Ch 2. Suits: their sorts &c
(2 §.5.3 Summary and Chronical
of this system of the effects will be greater than the ones.
☞ Inscribed this Chapter as necessary to the understanding the Rationale of
the Chapter on Quasi Juries.
Appointed causes
1. Primary
2. Secondary appointed
in consequence of the
principal decisions
Of the Judicial Sittings of the an Immediate Judicatory
Art. 1. The Of an Immediate Judicatory the sittings
are of four sorts. 1. Ordinary sittings. 2. Night sittings
3. Outdoor sittings. 4. Appointed sittings.
Art.2. Ordinary sittings are held for two purposes.
1. for the immediate decision of summary suits the suits in summary or causes
2 for preparation proceedings in relation to the decisions to or decisions
be be pronounced in chronical suits or causes
Art 3. Whether a suit case shall be deemed summary or chronical
can not be determined from the species of suit to which it belongs
No species of suit is there to which it may not happen to furnish contain
individuals the termination continuance of which may not require to be
indefinitely protracted, for an indulgent length of time: no species of suit
that may not afford chronical cause.
Art. 4. Some sorts of suits are more likely than others to be determined
at by a single hearing than others: for a list of examples see look
below the Exposition
Art. 5. Some sorts of suits can not but be chronical.
For a list of examples see below Exposition.
Art. 6. A suit is the more likely to be chronical
and likely to be the more chronical the more complex it is.
For the cases circumstances the nature of which it is to give which have naturally the effect of
complexity to causes see below Exposition.
4
Art.4. The case in which
the length of the suit is
at its minimum is where
in the initiatory application
it is dismissed.
5
Art. 5. If a suit which
is not terminated by
dismissal at the end of
the initiatory application
the least direction is that
of which commences
at with the commencement of
the initiatory application
and terminates
with the termination
of the first mutual
meeting.
6
Art. 6 Say for the present
number of suits
terminate at this stage
Art. 6. Where the parties
pursuer is are permitted and the
defendant required to
attend in person, by far
the greater number of
suits are actually thus
summary.
7
Art. 7 Such then ought to be
considered as the standard
duration: in each
sort that for any greater
duration some special
cause should be looked
out for and required
to be assigned.
[+]
[+] Art. 7. Where the parties are both or all of them in the
Judicatory Justice-Chamber in presence of each other, of the Judge
and of the Auditors, every case such case as provisionally presumed to
be summary case: if adjournment be made [of it] to another Ordinary
sitting or an Appointed Sitting, it must be because at such first
sitting the evidence is not in such a state, that, upon the ground of it an
apt
apt decision can be pronounced.
Identifier: | JB/052/451/001 "JB/" can not be assigned to a declared number type with value 52.
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1823-08-28 |
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constitutional code; procedure code |
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451 |
constitutional code |
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jeremy bentham |
j whatman turkey mill 1822 |
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jonathan blenman |
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