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<head>1823. August 16 +<lb/>Constitutional Code.</head> <!-- some in pencil --> <p>+ 7<lb/><note><sic>Ch. IV Suits, their sorts <gap/></note><lb/>(1 <note>§ 5 <sic>Expeditable</sic> & <gap/><lb/>§5. <del>3. <gap/> and <gap/></del></note></p> <p><del>Any sort of suit <hi rend="underline">may be</hi> <gap/><lb/>Some suits <hi rend="underline">can not but be</hi></p> <!-- main text crossed through in ink --> <p><sic>Art.</sic> A <del><gap/></del> judicial suit is either 1. Summary or 2. <gap/>.</p> <p>By a summary suit understand that <del>which</del> in relation<lb/>to <gap/> the principal desire is given <add>pronounced</add> in the same<lb/>sitting at which the <add>party or</add> parties on both sides or their respectively<lb/>authorized agents appear in the presence of the Judge no<lb/>ulterior day <add>being appointed</add> on which both parties are to be in attendance<lb/> and <del>no</del> enter into contestation being appointed.</p> <p>By a <hi rend="underline">chronical</hi> suit u8nderstand that <add>any one</add> on the<lb/>occasion of which a day <add>some day as</add> for mutual contestation is<lb/>appointed. <del><gap/></del> On this occasion the term chronical has the<lb | <head>1823. August 16 +<lb/>Constitutional Code.</head> <!-- some in pencil --> <p>+ 7<lb/><note><sic>Ch. IV Suits, their sorts <gap/></note><lb/>(1 <note>§ 5 <sic>Expeditable</sic> & <gap/><lb/>§5. <del>3. <gap/> and <gap/></del></note></p> <p><del>Any sort of suit <hi rend="underline">may be</hi> <gap/><lb/>Some suits <hi rend="underline">can not but be</hi></p> <!-- main text crossed through in ink --> <p><sic>Art.</sic> A <del><gap/></del> judicial suit is either 1. Summary or 2. <gap/>.</p> <p>By a summary suit understand that <del>which</del> in relation<lb/>to <gap/> the principal desire is given <add>pronounced</add> in the same<lb/>sitting at which the <add>party or</add> parties on both sides or their respectively<lb/>authorized agents appear in the presence of the Judge no<lb/>ulterior day <add>being appointed</add> on which both parties are to be in attendance<lb/> and <del>no</del> enter into contestation being appointed.</p> <p>By a <hi rend="underline">chronical</hi> suit u8nderstand that <add>any one</add> on the<lb/>occasion of which a day <add>some day as</add> for mutual contestation is<lb/>appointed. <del><gap/></del> On this occasion the term chronical has the<lb/>same sense as in <add>the art and science of</add> medicine. <del>it is the</del> <add>by</add> a chronical disease<lb?>is meant a disease which is want to have place<lb/>during an indefinite length of time. Thus the Gout and<lb/>the rheumatism are chronical diseases.</p> <p>In some cases In a certain class of cases<lb/>the same can not be otherwise than Chronical. But there<lb/>is no class of cases in which the <gap/> can not be otherwise<lb/>than summary, for there is no species of case nor<lb/>any individual case in which it may not happen that<lb/>adjournment shall become necessary to <gap/>. For, for<lb/>example there is no individual case in which it may not<lb/>happen to one or more of the <del><foreign>dramatis pers</foreign> actors in the<lb/>judicial theatre to be prevented from attendance by death, sickness<lb/>or other accident.</p> <!-- end of crossed out text. Pencil text in the margin overwritten is not transcribed --> <p><note>1<lb/><sic>Art.</sic> 1. Suits summary<lb/>and chronical</note></p> <p><note>By a summary suit<lb/>understand a suit dispatched<lb/>at the end<lb/>of the <del>shortest</del> <add><del>least</del> smallest</add> length<lb/>of time: by a chronical<lb/>suit a suit dispatched<lb/>at the end of any <del>less</del><lb/>greater length of time</note></p> <p><note>2<lb/><sic>Art</sic> 2 Considered as descriptive<lb/>of the sort of suit the only<lb/>difference between a summary<lb/><del>sort of suit</del> and<lb/>a chronical <del>sort of</del><lb/>suit is that whereas<lb/>a summary suit may<lb/>de dispatched on the end of<lb/>the smallest length, a<lb/>chronical suit can<lb/>not be dispatched <sic>till</sic><lb/>at the end of a greater<lb/>length of time.</note></p> <p>/<note><del.<gap/></del> A suit of any<lb/>sort may last for any<lb/><del><gap/></del> the greater length of time<lb/>the absence of a necessary<lb/>witness or piece of real<lb/>or written evidence suffices<lb/>to produce this effect</note></p> <p><note>3<lb/><sic>Art.</sic> Generally speaking<lb/>a suit will be likely to<lb/>be the more lengthy<lb/>the more complex it is</note></p> <p>But some <del>ca</del> modes<lb/>of complexity may be<lb/>apt to produce greater<lb/>lengths than others.</note></p> | ||
1823. August 16 +
Constitutional Code.
+ 7
<sic>Ch. IV Suits, their sorts
(1 § 5 Expeditable &
§5. 3. and
Any sort of suit may be
Some suits can not but be
Art. A judicial suit is either 1. Summary or 2. .
By a summary suit understand that which in relation
to the principal desire is given pronounced in the same
sitting at which the party or parties on both sides or their respectively
authorized agents appear in the presence of the Judge no
ulterior day being appointed on which both parties are to be in attendance
and no enter into contestation being appointed.
By a chronical suit u8nderstand that any one on the
occasion of which a day some day as for mutual contestation is
appointed. On this occasion the term chronical has the
same sense as in the art and science of medicine. it is the by a chronical disease<lb?>is meant a disease which is want to have place
during an indefinite length of time. Thus the Gout and
the rheumatism are chronical diseases.
In some cases In a certain class of cases
the same can not be otherwise than Chronical. But there
is no class of cases in which the can not be otherwise
than summary, for there is no species of case nor
any individual case in which it may not happen that
adjournment shall become necessary to . For, for
example there is no individual case in which it may not
happen to one or more of the dramatis pers actors in the
judicial theatre to be prevented from attendance by death, sickness
or other accident.
1
Art. 1. Suits summary
and chronical
<note>By a summary suit
understand a suit dispatched
at the end
of the shortest least smallest length
of time: by a chronical
suit a suit dispatched
at the end of any less
greater length of time</note>
2
Art 2 Considered as descriptive
of the sort of suit the only
difference between a summary
sort of suit and
a chronical sort of
suit is that whereas
a summary suit may
de dispatched on the end of
the smallest length, a
chronical suit can
not be dispatched till
at the end of a greater
length of time.
/<del. A suit of any
sort may last for any
the greater length of time
the absence of a necessary
witness or piece of real
or written evidence suffices
to produce this effect
3
Art. Generally speaking
a suit will be likely to
be the more lengthy
the more complex it is
But some ca modes
of complexity may be
apt to produce greater
lengths than others.</note>
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jeremy bentham |
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jonathan blenman |
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