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<note>13 Nov<hi rend="superscript">r</hi> 1802.</note> | <note>13 Nov<hi rend="superscript">r</hi> 1802.</note> | ||
<head> | <head>Dumont Procedure</head> | ||
<note>Ends</note> | <note>Ends</note> | ||
<p>whether he is willing to receive it the Judge<lb/>imposes <del>up</del> it upon him of course.<lb/></p><p>But if the case be such that the Judge<lb/>before he proceeds to impose the obligation so<lb/>required to be imposed causes application to be<lb/>made to the party in question to know whether<lb/>he be content to see it imposed upon him and<lb/>upon such application so made to him he | <p>whether he is willing to receive it the Judge<lb/>imposes <del>up</del> it upon him of course.<lb/></p><p>But if the case be such that the Judge<lb/>before he proceeds to impose the obligation so<lb/>required to be imposed causes application to be<lb/>made to the party in question to know whether<lb/>he be content to see it imposed upon him and<lb/>upon such application so made to him he refuses<lb/>to <sic>submitt</sic> to have it imposed upon him unless<lb/>upon further order to be pronounced <add>by the Judge</add> upon hearing<lb/>the reasons for and against the imposition of<lb/>the obligation thus contended against <add>in dispute</add> <del>on</del> in such case<lb/>a cause suit or litigation takes place & such cause<lb/> suit or litigation is termed a civil <add>non-penal</add> one.</p> <note>7<lb/>In a penal suit<lb/>some transgression <lb/>is supposed certain<lb/> and past —<lb/>in a non-penal<lb/>eventual only. <lb/></note><p>In this case as in the case of a penal one an offence<lb/>is still supposed as liable to be committed nor<lb/> without the idea of delinquency can this case <lb/>any more than the other be understood for<lb/>in this case a judgment with an order thereupon<lb/>grounded is supposed in one event <del>to be</del> viz in<lb/>the event of the plaintiffs gaining his cause to<lb/>be issued by the judge. But to the idea of a<lb/>judicial order the idea of an act of delinquency<lb/>is necessarily <add>annex'd</add> for the order has no force<lb/>if any act <del>in</del> performed in breach of such<lb/>order be not considered and treated as an offence.<lb/></p><p>Both an act by which a penal suit<lb/>is commenced and an act by which a civil suit<lb/>is commenced <del>supposes</del> suppose an act of delinquency —<lb/> an offence — the difference is that the acts <lb/>by which a penal suit is commenced suppose<lb/>an offence committed already whereas an act<lb/>by which a civil suit is commenced does not<lb/>suppose any offence committed already does not<lb/></p> | ||
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4
13 Novr 1802.
Dumont Procedure
Ends
whether he is willing to receive it the Judge
imposes up it upon him of course.
But if the case be such that the Judge
before he proceeds to impose the obligation so
required to be imposed causes application to be
made to the party in question to know whether
he be content to see it imposed upon him and
upon such application so made to him he refuses
to submitt to have it imposed upon him unless
upon further order to be pronounced by the Judge upon hearing
the reasons for and against the imposition of
the obligation thus contended against in dispute on in such case
a cause suit or litigation takes place & such cause
suit or litigation is termed a civil non-penal one.
7
In a penal suit
some transgression
is supposed certain
and past —
in a non-penal
eventual only.
In this case as in the case of a penal one an offence
is still supposed as liable to be committed nor
without the idea of delinquency can this case
any more than the other be understood for
in this case a judgment with an order thereupon
grounded is supposed in one event to be viz in
the event of the plaintiffs gaining his cause to
be issued by the judge. But to the idea of a
judicial order the idea of an act of delinquency
is necessarily annex'd for the order has no force
if any act in performed in breach of such
order be not considered and treated as an offence.
Both an act by which a penal suit
is commenced and an act by which a civil suit
is commenced supposes suppose an act of delinquency —
an offence — the difference is that the acts
by which a penal suit is commenced suppose
an offence committed already whereas an act
by which a civil suit is commenced does not
suppose any offence committed already does not
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Identifier: | JB/052/017/001"JB/" can not be assigned to a declared number type with value 52. |
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procedure code |
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dumont procedure |
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john herbert koe |
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16690 |
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