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1827. | <p>1827. Nov<hi rend="superscript">r</hi>.</p> | ||
Constitutional Code. | <head>Constitutional Code.</head> | ||
1. | <p>1.</p> | ||
Art.5. Chief difference | <p>Art.5. Chief difference<lb/> | ||
between this and ordinary | between this and ordinary<lb/> | ||
Judicatories in | Judicatories in<lb/> | ||
the natural degree | the natural degree<lb/> | ||
of natural promptitude: | of natural promptitude:<lb/> | ||
and in Judge's | and in Judge's<lb/> | ||
situation. | situation.</p> | ||
2. | <p>2.</p> | ||
In these cases, time | <p>In these cases, time <lb/> | ||
for calling in the ordinary | for calling in the ordinary<lb/> | ||
Judge can not be | Judge can not be<lb/> | ||
waited for, besides that | waited for, besides that<lb/> | ||
the ordinary Judge might | the ordinary Judge might<lb/> | ||
have less cognitional | have less cognitional<lb/> | ||
aptitude. | aptitude.</p> | ||
3. | <p>3.</p> | ||
Security from maximization | <p>Security from maximization<lb/> | ||
of facility of | of facility of<lb/> | ||
Appeal. | Appeal.</p> | ||
4. | <p>4.</p> | ||
Art.7. Two other excepted | <p>Art.7. Two other excepted<lb/> | ||
judicatories styled | judicatories styled<lb/> | ||
in English practice Audit | in English practice Audit<lb/> | ||
Court and Court | Court and Court<lb/> | ||
of claims. | of claims.</p> | ||
5. | <p>5.</p> | ||
Characteristic difference | <p>Characteristic difference<lb/> | ||
from ordinary | from ordinary<lb/> | ||
Judicatories, common | Judicatories, common<lb/> | ||
to both, the event of | to both, the event of<lb/> | ||
a party. | a party.</p> | ||
6. | <p>6.</p> | ||
In Audit Courts, no | <p>In Audit Courts, no<lb/> | ||
pursuer. in Courts | pursuer. in Courts<lb/> | ||
of Claim no Defendant. | of Claim no Defendant.</p> | ||
Judicature performed | <p>Judicature performed<lb/> | ||
in Audit Courts the | in Audit Courts the<lb/> | ||
calling debtors to account: | calling debtors to account:<lb/> | ||
the question | the question<lb/> | ||
being whether an admitted | being whether an admitted<lb/> | ||
debt has been | debt has been<lb/> | ||
discharged or not.<pb/> | discharged or not.</p><pb/> | ||
7. | <p>7.</p> | ||
In ordinary debt | <p>In ordinary debt<lb/> | ||
causes, claims on this | causes, claims on this<lb/> | ||
ground carried on | ground carried on<lb/> | ||
promiscuously, with | promiscuously, with<lb/> | ||
others. In this case, | others. In this case,<lb/> | ||
suits on this ground | suits on this ground<lb/> | ||
alone. | alone.</p> | ||
8. | <p>8.</p> | ||
In English practice, | <p>In English practice,<lb/> | ||
the only instance in | the only instance in<lb/> | ||
which Courts of this | which Courts of this<lb/> | ||
kind established, that | kind established, that<lb/> | ||
where Government | where Government<lb/> | ||
is the creditor-individuals | is the creditor-individuals<lb/> | ||
the Debtors. | the Debtors.</p> | ||
9. | <p>9.</p> | ||
Examples of Judicatories | <p>Examples of Judicatories<lb/> | ||
thus denominated. | thus denominated.</p> | ||
1. General | <p>1. General Audit Beard.</p> | ||
2. Auditor of Greenwich | <p>2. Auditor of Greenwich<lb/> | ||
Hospital. | Hospital.</p> | ||
3. Chelsea | <p>3. Chelsea Hospital.</p> | ||
10. | <p>10.</p> | ||
In penal suits under | <p>In penal suits under<lb/> | ||
Rome-bred-law, | Rome-bred-law,<lb/> | ||
the Judicature carried | the Judicature carried<lb/> | ||
on even a very extensive | on even a very extensive<lb/> | ||
part of the | part of the<lb/> | ||
field. Witness Austria | field. Witness Austria<lb/> | ||
and Prussia. | and Prussia.</p> | ||
11. | <p>11.</p> | ||
In English practice, | <p>In English practice,<lb/> | ||
double capacity of | double capacity of<lb/> | ||
Judge Advocate. | Judge Advocate.</p> | ||
12. | <p>12.</p> | ||
No good reason | <p>No good reason assignable <lb/> | ||
for departure<lb/> | |||
from general practice | from general practice<lb/> | ||
in these excepted | in these excepted<lb/> | ||
Judicatories.<pb/> | Judicatories.</p><pb/> | ||
13. | <p>13.</p> | ||
Demand for securities | <p>Demand for securities<lb/> | ||
for appropriate aptitude | for appropriate aptitude<lb/> | ||
not less, but on the contrary | not less, but on the contrary<lb/> | ||
greater than in | greater than in<lb/> | ||
ordinary causes.<pb/> | ordinary causes.</p><pb/> | ||
<p>Ch.XII. Judiciary Collectively.</p> | |||
<p>S.1. Excepted judicatories.</p><pb/> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1827. Novr.
Constitutional Code.
1.
Art.5. Chief difference
between this and ordinary
Judicatories in
the natural degree
of natural promptitude:
and in Judge's
situation.
2.
In these cases, time
for calling in the ordinary
Judge can not be
waited for, besides that
the ordinary Judge might
have less cognitional
aptitude.
3.
Security from maximization
of facility of
Appeal.
4.
Art.7. Two other excepted
judicatories styled
in English practice Audit
Court and Court
of claims.
5.
Characteristic difference
from ordinary
Judicatories, common
to both, the event of
a party.
6.
In Audit Courts, no
pursuer. in Courts
of Claim no Defendant.
Judicature performed
in Audit Courts the
calling debtors to account:
the question
being whether an admitted
debt has been
discharged or not.
---page break---
7.
In ordinary debt
causes, claims on this
ground carried on
promiscuously, with
others. In this case,
suits on this ground
alone.
8.
In English practice,
the only instance in
which Courts of this
kind established, that
where Government
is the creditor-individuals
the Debtors.
9.
Examples of Judicatories
thus denominated.
1. General Audit Beard.
2. Auditor of Greenwich
Hospital.
3. Chelsea Hospital.
10.
In penal suits under
Rome-bred-law,
the Judicature carried
on even a very extensive
part of the
field. Witness Austria
and Prussia.
11.
In English practice,
double capacity of
Judge Advocate.
12.
No good reason assignable
for departure
from general practice
in these excepted
Judicatories.
---page break---
13.
Demand for securities
for appropriate aptitude
not less, but on the contrary
greater than in
ordinary causes.
---page break---
Ch.XII. Judiciary Collectively.
S.1. Excepted judicatories.
---page break---
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