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Course of Topics for ColllectA Procedure.
Regular or Summary
N.B. Upon this report the articles common to both Procedures are both ... marking those of each which are common to the other. Stage from whence computable etc. in Conviction on view — from the time of View on Information from the giving exhibiting of information. Jurisdiction taken from the place 1st Where the offence was committed — 2. Where the Offender is apprehended. 3. Where the Offender resides.
REGULAR or SUMMARY
Locus Actus aut Jurisdictionis. ubi ex conterminis
Limitation of the Time for Prosecution
Power of Seizure given
(with an officer
(without an officer
(To an officer only
Power of Search given — with an officer
Power of apprehension given
(To persons at large
(to persons special
Reward for Apprehension
Onus probandi on the Deft of the fact of the offence
Onus probandi of the matter of exception+
+Proviso or Enactment §. I Burn 230. Witnesses 2 required
Quakers good witnesses
Parishioners good witnesses
Informer or party a good witness
compellable
Indemnities against Reactive Prosecutions
given or omitted.
Circuity subsisting or corrected —
Regular
Species of Action & procedure variously given &
described
To be
Importances &c taken away or left.
Terminations against a Plff variously described.
Jury of more or less than 12.
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Summary
Justices — Number of — 1,2,3,4,5,6.+ + Qu. 1. Whether they must be simul& remd.? + Qu. 2. In what causes & what stages of a cause, the Magistrate to be changeable?
Penalty limited — Limited superior & inferior
Penalty fixed
Penalty absolute or relative
Penalty simple mixt orth optional.# # 67G. 17 §18. 9G. 3. G §3 Summary Juries — ediction is 1st General of Justices of the Peace or 2. Special of Commissioners of the 1. Land Tax 2. Window Tax. 3. Excise 4. Customs 5. Sewers & Turnpikes
Penalty — Object of single, multiple or
optional — v. Master or Servant? 1 G. St. 2. 57 §4. || as 1. To the King. 2. The Poor of the Parish. 3. The Prosecutor 4. the Road in Road Laws. 5. The party grieved. Jurisdiction Magistrate dealing as as Trader trading [in the subject] incapacitated.
Penalty pecuniary to whose benefit ||optional —
or in shares
or entire — to whose hands payable — Of the
que use, or whom else? Indirect
Penalty, Mode of levying by committment
in the 1st instance 1st not bill after
improvement resulting experiment of Distress. indirect 2. Without Distress.
Penalty leviable by Distress in the 1st instance
Penalty — Power of mitigation — to a
Sum — absolute X relative
not less than 1/2 by in 33 G .2.27.
Penalty — Time of Payment 1.Unspecified,
idea instant 2d Respitable & that
1st Conditionally viz. upon security given ++7.G.3.40.§50 or Unconditionally.
Penalty — application of — where the evidence
has been 1st View. 2.Confession
or Stranger uninterested. 3.a Party
Suite of Topics for Collectanea — Procedure [II]
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Catalogue of Topics to be attended to in.
II.
interested as Informer 4.A Party interested
as being grieved.
Penalty for Relapses.
Manner of 1st By Summons only
or 2d By Warrant. Summons & Warrant
3.By Warrant in the 1st instance.
Signed & rated or Signed 11 G.2.26 §4.
Distress on ye Husband's goods.||<note>|| 22 Car.2.1.§16 Confession solemnly established as receivable evidence — exstat spectation 21. J.1.c.7.§c.
Evidence. Whether 1st Witnesses
only & there in number 1 — 2 — 3.
2.Item View.
Witnesses Compellable
Muniments (written Evidence) compellable
Evidence false — punished as Perjury 7 G.3.51. expressly
Evidence — Power to administer Oath to
Evidence. Penalty for non-appearing or muteness — whether 1st Equal to the
Sum depending, or 2dly Greater, or
3dly less.
Evidence — Party's compellable J evidentive in 9 An. 23 §x 4
Evidence Party's admissible.
Security — Recognizance or Bond + + Bond only, for costs 5 An. 14. §2.
Security — With or without collateral sureties
Number of Securities Unlimited, limited
or fixed || || Unlimited in 5 G. 15 §.7 3 W.10 §6
Security — To whose given profit the forfeiture.
Security — by whom taken
Security. Quantum of the Penalty Fixed or Discretionary
Security Duration
Security Duration — Dischargeable or not
Security Duration Dischargeable without
condition, or on what condition.
Costs
Given or not given
Given to one party only or reciprocally?
Given out of the penalty (where the
informer has only a share) or fixed over and above the
penalty.
Simple or multiple+ + Double in abuse 15 G 2 or §19.
Costs variously described.
Appeal
Appeal Given or omitted+ + Omit in 12.2.Car. 26 §46 (Burn II Excise 28. viz. from Just: this given from
Appeal Time within which it must be brought
Appeal Matters of form amenable Generation ... G.2. <lb/Appeal Matters of form not examinate 12 Car. 2. 11 §19 exe.
Appeal From Conviction on View.
Certiorari
Certiorari Taken away 1st to all stages 7 G.3.40. or 2. only before conviction 6.G.3.48.§9.
Certiorari Taken away absolutely 7 G.3.40.
Certiorari Taken away nisi
Certiorari allowd upon Condition — to give Security, with a condition 1.Positive
To pay penalty & costs 10G.3.19. 2.Optional alternative
to do that or surrender the Debt. 5G.15.§1.3W [10qu] §6
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