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1823. Dec<hi rend="superscript">r.</hi> 2<lb/> | |||
<head><del>Constitutional Code</del> <add>Procedure</add> or Procedure</head> | |||
<note>Ch. Judicial obstruction</note> | |||
<p><head>Ch.<lb/> | |||
<del>Causes of retardation and obstruction obviated</del> <add>Judiciary obstruction how obviated</add></head></p> | |||
<p><del>Causes of obstruction</del></p> | |||
<p>Art. 1. The result to which the <del>word</del> <add>phrase <hi rend="underline">judicial obstruction</hi></add><lb/> | |||
here bears reference is – <del>the <gap/></del> execution and effect given<lb/> | |||
to the ordinances of the substantive branch of the law.</p> | |||
<p>Art. 2. The obstruction will be either peremptive<lb/> | |||
or simply retardative: peremptive in so far as<lb/> | |||
that result is <del><gap/></del> for ever prevented from taking place,<lb/> | |||
retardative, when it is only for a time that it is prevented<lb/> | |||
from taking place.</p> | |||
<p>Art. 3. A cause of <del><gap/></del> obstruction which in<lb/> | |||
the first instance was in appearance nothing more<lb/> | |||
than retardative, is by time always liable to become<lb/> | |||
peremptive: as where during the continuance of the<lb/> | |||
delay, a <del>source of evidence</del> witness or a source of<lb/> | |||
real evidence perishes: or where a mass of property<lb/> | |||
which but for the delay might have afforded means <add>matter</add> of<lb/> | |||
compensation for injury <add>loss</add> by breach of contract, is in consequence<lb/> | |||
of the delay dissipated.</p> | |||
<p>Art. 4. Every cause <add>source</add> of complication is so<lb/> | |||
of delay: hence the French proverb – il ne faut pas multiplier les êtres sans nécessité.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1823. Decr. 2
Constitutional Code Procedure or Procedure
Ch. Judicial obstruction
Ch.
Causes of retardation and obstruction obviated Judiciary obstruction how obviated
Causes of obstruction
Art. 1. The result to which the word phrase judicial obstruction
here bears reference is – the execution and effect given
to the ordinances of the substantive branch of the law.
Art. 2. The obstruction will be either peremptive
or simply retardative: peremptive in so far as
that result is for ever prevented from taking place,
retardative, when it is only for a time that it is prevented
from taking place.
Art. 3. A cause of obstruction which in
the first instance was in appearance nothing more
than retardative, is by time always liable to become
peremptive: as where during the continuance of the
delay, a source of evidence witness or a source of
real evidence perishes: or where a mass of property
which but for the delay might have afforded means matter of
compensation for injury loss by breach of contract, is in consequence
of the delay dissipated.
Art. 4. Every cause source of complication is so
of delay: hence the French proverb – il ne faut pas multiplier les êtres sans nécessité.
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Identifier: | JB/055/038/001"JB/" can not be assigned to a declared number type with value 55. |
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Constitutional Code; Procedure Code |
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Procedure or Procedure |
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Ch. / Judicial obstruction how obviated |
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J WHATMAN TURKEY MILL 1823 |
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Jonathan Blenman |
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1823 |
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