★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
(3 intermediate revisions by one other user not shown) | |||
Line 2: | Line 2: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<head>1827 <sic>Oct<hi rend="superscript">r.</hi></sic> 16<lb/>Law Amendments</head> <p><note>Propositions<lb/> | <head>1827 <sic>Oct<hi rend="superscript">r.</hi></sic> 16<lb/>Law Amendments</head> <p><note>Propositions<lb/>Prehension enquiries useless</note></p> <p><note>Modes of proceeding superseded</note></p> <!-- brackets in pencil --><p>[Among] the] <add>Modes of</add> proceedings superseded by the arrangements would<lb/>be the following</p> <p><note>I In penal or criminal cases</note></p> <p>I In cases <sic>stiled</sic> penal or criminal</p> <p><note>1 Justice of Peace proceedings<lb/>in cases termed</note></p> <p>1. Proceedings before Justices of the Peace and or <gap/> in cases<lb/>termed <sic>filanders,</sic> and other cases in which judgment can not be<lb/>pronounced but in consequence of an indictment.</p> <p><note>2. Grand jury proceeding</note></p> <p>2. Proceedings before a Grand Jury <del>including the delivery of</del> <add><unclear>pursuing</unclear></add><lb/>the Indictment included</p> <p><note>3 Criminal information<lb/>on affidavit evidence</note></p> <p>3. Motion for a criminal information: <add>on the ground of affidavit evidence</add> the information included</p> <p><note>4. Information <foreign>ex<lb/>officio</foreign></note></p> <p>4. The information filed <foreign><hi rend="underline">ex officio</hi></foreign> <add>by the Attorney General</add> as the <unclear>pleader</unclear> is without<lb/>previous motion</p> <p><note>5 Writ of Attachment</note></p> <p>5. The Writ of Attachment issued by the Court for an <sic>alledged</sic><lb/>contempt on the ground of affidavit evidence. <add>Note that<lb/>in this case <del>the motion is by <gap/> evidence</del> the ground for decision<lb/>has for its sole ingredient evidence in this same untrustworthy shape<lb/>unless the examination of the defendant <del>by <gap/> by interrogator</del> in secret<lb/><foreign><hi rend="underline">viva voce</hi></foreign> by interrogators, without evidence from extraneous<lb/><!-- continues in the margin --> witnesses be regarded as<lb/><del>preparation</del> as preliminary to<lb/>and serving to constitute<lb/>a ground for ultimate<lb/>decision. But since<lb/>the case of Bingley in<lb/>Lord Mansfield's house<lb/>scarcely has a case<lb/>of this sort made its<lb/>appearance</add></p> <p><note>II In Common law civil<lb/>actions</note></p> <p>II. In cases <sic>stiled</sic> civil <!-- brackets in pencil --> [by Action][and Common law]</p> <p><note>1 The writ & pleadings<lb/><add>in proceedings by action</add><lb/>2 Writ of Mandamus<lb/>3 <foreign>Quo Warranto</foreign> writ<lb/>4 The whole of Equity<lb/>court proceedings</note></p> <p>1. In proceedings by Action the Writ, as also the declaration<lb/>and all pleadings General and special thereupon ensuing<lb/>2. Motion for a <add>Writ of</add> Mandamus: also the <del>Mand</del> <gap/> Writ <del>of</del> gr<lb/>3. Motion for a Writ of <gap/> <add><foreign>Warranto</foreign></add> with the Writ.</p> <p>4. The whole of the proceedings in the Courts called Courts<lb/>of Equity: the elicitation of evidence in the epistolary mode<lb/>in the proposed plan being <del><gap/></del> performed in a mode effectually<lb/>different from that by Bill and discover in Equity, and being<lb/>applicable to all suits without distinction: except in so far as<lb/>exceptions may have place in <del>cases</del> highly penal cases</p> <p><note>III So in Roman law<lb/>Courts</note></p> <p>III. So in cases that come before the Courts that proceed<lb/>according to the <sic>antient</sic> Roman <del><gap/></del> commonly Civil law: including<lb/>those which come before the Admiralty Courts, and<lb/>those that come before the Ecclesiastical Courts.</p> | ||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1827 Octr. 16
Law Amendments
Propositions
Prehension enquiries useless
Modes of proceeding superseded
[Among] the] Modes of proceedings superseded by the arrangements would
be the following
I In penal or criminal cases
I In cases stiled penal or criminal
1 Justice of Peace proceedings
in cases termed
1. Proceedings before Justices of the Peace and or in cases
termed filanders, and other cases in which judgment can not be
pronounced but in consequence of an indictment.
2. Grand jury proceeding
2. Proceedings before a Grand Jury including the delivery of pursuing
the Indictment included
3 Criminal information
on affidavit evidence
3. Motion for a criminal information: on the ground of affidavit evidence the information included
4. Information ex
officio
4. The information filed ex officio by the Attorney General as the pleader is without
previous motion
5 Writ of Attachment
5. The Writ of Attachment issued by the Court for an alledged
contempt on the ground of affidavit evidence. Note that
in this case the motion is by evidence the ground for decision
has for its sole ingredient evidence in this same untrustworthy shape
unless the examination of the defendant by by interrogator in secret
viva voce by interrogators, without evidence from extraneous
witnesses be regarded as
preparation as preliminary to
and serving to constitute
a ground for ultimate
decision. But since
the case of Bingley in
Lord Mansfield's house
scarcely has a case
of this sort made its
appearance
II In Common law civil
actions
II. In cases stiled civil [by Action][and Common law]
1 The writ & pleadings
in proceedings by action
2 Writ of Mandamus
3 Quo Warranto writ
4 The whole of Equity
court proceedings
1. In proceedings by Action the Writ, as also the declaration
and all pleadings General and special thereupon ensuing
2. Motion for a Writ of Mandamus: also the Mand Writ of gr
3. Motion for a Writ of Warranto with the Writ.
4. The whole of the proceedings in the Courts called Courts
of Equity: the elicitation of evidence in the epistolary mode
in the proposed plan being performed in a mode effectually
different from that by Bill and discover in Equity, and being
applicable to all suits without distinction: except in so far as
exceptions may have place in cases highly penal cases
III So in Roman law
Courts
III. So in cases that come before the Courts that proceed
according to the antient Roman commonly Civil law: including
those which come before the Admiralty Courts, and
those that come before the Ecclesiastical Courts.
Identifier: | JB/056/160/001"JB/" can not be assigned to a declared number type with value 56. |
|||
---|---|---|---|
1827-10-16 |
Not numbered |
||
056 |
Law Amendment |
||
160 |
Law Amendments |
||
001 |
|||
Text sheet |
1 |
||
recto |
C2 |
||
BROCKLESBY & MORBEY 1827 |
|||
Edmund Henry Barker |
|||
1827 |
|||
18216 |
|||