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reasons for such<lb/> | reasons for such<lb/> | ||
laws.<lb/> | laws.<lb/> | ||
20<lb/> | |||
It is compleat<lb/> | |||
till a mischief<lb/> | |||
can be found which<lb/> | |||
arsing out of the<lb/> | |||
course of procedure<lb/> | |||
cannot be ranked<lb/> | |||
under any of these<lb/> | |||
heads<lb/> | |||
21<lb/> | |||
Use of the above<lb/> | |||
list of ends - a<lb/> | |||
criterion for all<lb/> | |||
laws of procedure<lb/> | |||
established or pro-<lb/> | |||
-posed.<lb/> | |||
22<lb/> | |||
What there is of<lb/> | |||
novelty in what<lb/> | |||
is delivered con-<lb/> | |||
-cerning these ends-<lb/> | |||
1. Bringing them<lb/> | |||
together at the out-<lb/> | |||
-set to serve as<lb/> | |||
first principles<lb/> | |||
2. Explaining their<lb/> | |||
relation to each other.<lb/> | |||
3. Employing them<lb/> | |||
as tests and the only<lb/> | |||
tests for judging of<lb/> | |||
objective laws.<lb/> | |||
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Procedure EndsContents
Ends
1
Laws substantive
and adjective
Laws of procedures
are adjective
2
End of a law of
procedure - fulfil
-ment of the pre-
diction contained
in or
the substantive laws
3
Ultimate utility
of a law of proce-
-dure depends on
that of the sub-
-stantive laws it is attached to.
4
There are other ends besides this main end.
5
End of procedure
(main) to fulfil
the predictions of
the substantive laws
viz: in penal
cases-
1 Punishment
2 Satisfaction
6
2. In non penal
cases-callation
Viz: of some right
with the correspond-
-ent obligations.
7
in a penal suit
some transgression
is supposed certain
of past-
in a non-penal
eventual only
Ends
8
Penal procedure
1. Ultimate ends two
Positive punition
due
2.negative non-
punition if undue
9
Collateral or inci-
-dental ends
1- avoidance of vex-
-ation-(juridical.)
10
Vexation juridical
modifications-
1. Time consumption
2. Local confinement
3. Pecuniary expense
4. Mental anxiety.
11
These branches of
vexation tend to
produce &aggravate
each other.
12
II Mischiefs of 2dorder
of delay and the
avoidance of it-
viz: so much as
is avoidable.
13
Ulterior mischiefs
viz of the first or-
der arising out of
delay-
1 Non punition for
the time
2. Punition where
undue.
Ends
14
III Mischief of the
3rdorder-Precipitation
By precipitation
no certain mischief
of either of the two
first orders is pro-
-duced - only a chance
of one or the other of
the mischiefs of
the first order as
the case may be
viz.
In penalibus
1 Non punition
with non satsifaction
2. Punition undue
with satisfaction undue.
in non penalibus
3. Non-collation
where due
4. Collation where
undue
15
By precipitation
is meant the
taking of less
time than what
is supposed to be
necessary for the
purpose.
16
Examples
1- for forming a
Decision-
In this case
however there is
no actual in-
-convenience pro-
-duced if the decisionappears to
be right.
17
2. for the forthco-
-ming of a witness
In which case
however there is
no actual incon
-venience produced
if the witness comes.
Ends
18
By the appearance
of precipitation
a mischief of the
second order will
be produced - con
-sisting of the ap-
-prehension of the
realizing of the
contingent incon-
-veniences in the fu-
-ture instances.
19
Use of the above
list of ends-e
criterion for all
laws of procedure
-the source of all
principles and.
reasons for such
laws.
20
It is compleat
till a mischief
can be found which
arsing out of the
course of procedure
cannot be ranked
under any of these
heads
21
Use of the above
list of ends - a
criterion for all
laws of procedure
established or pro-
-posed.
22
What there is of
novelty in what
is delivered con-
-cerning these ends-
1. Bringing them
together at the out-
-set to serve as
first principles
2. Explaining their
relation to each other.
3. Employing them
as tests and the only
tests for judging of
objective laws.
Identifier: | JB/047/025/002"JB/" can not be assigned to a declared number type with value 47. |
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1-22, 1-5, 7-8, 6-7, 6-7 |
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047 |
procedure code |
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025 |
procedure ends marg. contents |
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002 |
ends |
||
marginal summary sheet |
2 |
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recto |
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john herbert koe |
1800 |
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1800 |
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14893 |
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