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<p>1825. Nov. 19<lb/> | |||
''This | <head>Procedure Code</head><note>Ch. 1. Stages of Procedure<lb/> | ||
§. 1. Stages <unclear>three</unclear>: Explained</note><lb/>☞ Marginals copied<lb/> | |||
Text consultable not employable</p> | |||
<p><head>Ch. 1. Stages of procedure <del>in</del> <add>according to</add> this Code.<lb/> | |||
<hi rend="underline">§. 1. Stages three – general explanation</hi></head></p> | |||
<p>1. This Code admitts of three stages of <add>judicial</add> enquiry: to wit<lb/> | |||
1. The original enquiry:<lb/> | |||
2. the <del><gap/></del> <add>reiterated</add> enquiry, or<lb/> | |||
Enquiry with a Quasi-Jury <add>or <del>say the</del> Quasi-Jury Enquiry;</add><lb/> | |||
3. The <del>Appellate Enquiry<lb/> | |||
or</del> Enquiry on Appeal, or Appellate Enquiry.<lb/> | |||
They are the same in all cases.<lb/> | |||
On each enquiry there may be Sittings and Hearings in<lb/> | |||
any number, as each individual occasion may require.</p> | |||
<p>1. <del>On the Business of the</del> Original Enquiry, <add>its business.</add> On <add>At</add> the<lb/> | |||
original enquiry, if no <del>Quasi Jury</del> <add>reiterated</add> Enquiry be <del>decreed, the</del> <add>demanded or<lb/> | |||
by himself spontaneously instituted</add> Judge <del>proceeds to execution</del> pronounces his <add>pair of definitive</add> decrees opinative<lb/> | |||
and imperative, <add>(see per Ch. XI Judiciary collectively)</add> and <del>presents</del> gives to them execution and<lb/> | |||
effect.</p> | |||
<p>After <add>definitive</add> judication and before execution, a reiterated<lb/> | |||
enquiry is instituted and performed by the Judge in any<lb/> | |||
one of three cases 1. of his own motion 2. at the instance<lb/> | |||
of <del>a</del> <add>any</add> party on the pursuer's side, 3. at the instance of any<lb/> | |||
party on the defendant's side. On his own motion the code<lb/> | |||
for the reiterated enquiry is <del>op</del> on his part optional,<lb/> | |||
at the instance of a party obligatory.</p> | |||
<p>After judication in consequence of the reiterated<lb/> | |||
enquiry and before execution, a party on either side<lb/> | |||
to <del>appeal institutes and</del> causing the suit appeal to the<lb/> | |||
Appellate Judicatory, as to which see Constitutional Code<lb/> | |||
Ch. Judiciary collectively and Ch. Appellate Judges.</p> | |||
<p>In some cases if no Appeal could be made<lb/> | |||
till after a definitive decree pronounced in the Immediate<lb/> | |||
Judicatory the purpose of Appeal would be frustrated. This<lb/> | |||
it is principally in the several cases of undue delay, precipitation or exclusion of <add>put upon</add> evidence.</p> | |||
<p><del>Again</del> For these cases provision is made, as per Constitutional<lb/> | |||
Code Ch.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1825. Nov. 19
Procedure CodeCh. 1. Stages of Procedure
§. 1. Stages three: Explained
☞ Marginals copied
Text consultable not employable
Ch. 1. Stages of procedure in according to this Code.
§. 1. Stages three – general explanation
1. This Code admitts of three stages of judicial enquiry: to wit
1. The original enquiry:
2. the reiterated enquiry, or
Enquiry with a Quasi-Jury or say the Quasi-Jury Enquiry;
3. The Appellate Enquiry
or Enquiry on Appeal, or Appellate Enquiry.
They are the same in all cases.
On each enquiry there may be Sittings and Hearings in
any number, as each individual occasion may require.
1. On the Business of the Original Enquiry, its business. On At the
original enquiry, if no Quasi Jury reiterated Enquiry be decreed, the demanded or
by himself spontaneously instituted Judge proceeds to execution pronounces his pair of definitive decrees opinative
and imperative, (see per Ch. XI Judiciary collectively) and presents gives to them execution and
effect.
After definitive judication and before execution, a reiterated
enquiry is instituted and performed by the Judge in any
one of three cases 1. of his own motion 2. at the instance
of a any party on the pursuer's side, 3. at the instance of any
party on the defendant's side. On his own motion the code
for the reiterated enquiry is op on his part optional,
at the instance of a party obligatory.
After judication in consequence of the reiterated
enquiry and before execution, a party on either side
to appeal institutes and causing the suit appeal to the
Appellate Judicatory, as to which see Constitutional Code
Ch. Judiciary collectively and Ch. Appellate Judges.
In some cases if no Appeal could be made
till after a definitive decree pronounced in the Immediate
Judicatory the purpose of Appeal would be frustrated. This
it is principally in the several cases of undue delay, precipitation or exclusion of put upon evidence.
Again For these cases provision is made, as per Constitutional
Code Ch.
Identifier: | JB/055/271/001"JB/" can not be assigned to a declared number type with value 55. |
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1824-11-19 |
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271 |
Procedure Code |
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001 |
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recto |
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