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1823. Octr. Nov. 3
Constitutional Code or Procedure I. Enactive PartCh. VIII
§. 1.
+ 25 Feb. 1825. See whether not superseded?
Ch. or §. Mode of Commencement of a suit. Ch. or §. Suit non-penal – Initiatory attendance.
Art. 1. Suit non-penal. A suit of this kind takes its commencement
by the appearance of some individual who regarding himself
or some person for whom he appears as having for some specific pur
Art. 1. Suit non-penal. Except as excepted, an every the individual who regards
Art. 1. For suits of all sorts the mode of commencement
is the same. Thus in non penal: so also in penal, of himself as having, for any specific purpose need of the judicial service
This mode is the ordinary and regular mode and most ordinary of a Judge Immediate, attends in person to make known his request
mode at the Judicatory Justice Chamber, and makes known to the
Judge, such need accompanying it with a correspondent request.
name of Art. 1. Exceptions are this attendance, the initiatory
attendance: of such request, the initiatory request.
Art. 2. Exceptions excepted, every person on whose behalf an initiatory request is made
attends in person for
the purpose of making
it. This mode of commencement
is the regular
and ordinary mode.
Art. 3. Exceptions are as follows –
1. Where, through bodily infirmity the pursuers party interested being unable
to attend the in person attends in the first instance
by depute or substitute.
Art. 4. 2. Where, immediate need for the exercise of the powers of the Judge on
behalf of the Pursuers having place, and the Pursuer through
2. Where non-age unable or unapt to attend in person,
he attends by Guardian another person in the character of
Guardian attends for him, in the first instance.
Art. 5. 3. Where, like need having place, a friend of and the
pursuer by reason of absence the pursuer not being apprized
of it, a person through friendship for him, and without
commission from him but through friendship towards him
attends for him in the first instance.
Art. 6. 4. Where, being by special duty inhibited from
attendance at the Judicatory, a public functionary attends
by substitute professional or non-professional in the firs
instance.
Art. 7. 5. Where on behalf of the State the Government is pursuer
attendance at this stage is paid by the Pursuer General or his Depute, and this whether the suit
be purely public, or publico-private: the Government and
an the individual pursuer pursuer's side having each an its interest in the event
of the suit.
Art. 8. 6. In the case where the suit is publico-private
the initiatory attendance may be by the Pursuer-General or his Depute,
or by the party interested or any person on his behalf.
Identifier: | JB/055/097/001 "JB/" can not be assigned to a declared number type with value 55.
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1823-11-03 |
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055 |
Constitutional Code; Procedure Code |
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097 |
Constitutional Code or Procedure I Enactive Part |
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001 |
Suit non-penal - Initiatory attendance |
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recto |
D1 / E1 |
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J WHATMAN TURKEY MILL 1822 |
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Jonathan Blenman |
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1822 |
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