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<head>1824. <sic>Jan<hi rend="superscript">y.</hi></sic>26<lb/>Constitutional Code</head> <!-- marginal summaries in pencil --> <p>13<lb/><note><sic>Ch.</sic> XI Judicial attending<lb/>Procedure</note><lb/>4 <note>§. First | <head>1824. <sic>Jan<hi rend="superscript">y.</hi></sic>26<lb/>Constitutional Code</head> <!-- marginal summaries in pencil --> <p>13<lb/><note><sic>Ch.</sic> XI Judicial attending<lb/>Procedure</note><lb/>4 <note>§. First Law<lb/>First bilateral meeting<lb/>First Sheet</note></p> <p><note>18<lb/>18. Points non ascertained<lb/>1. Points in dispute<lb/>2. <add>Ulterior</add> Evidence expectable<lb/>3. Means of intercourse<lb/>between Judge and<lb/>parties.</note></p> <p><note>Now, for <hi rend="underline">special cases</hi>.<lb/>parties on either or both<lb/>sides may be bound to<lb/>attendance on day named.<lb/><del><gap/></del> otherwise they may<lb/>employ substitutes.</note></p> <p>The points in dispute being thus settled, and the evidences<lb/> belonging to the case ascertained <del><gap/></del> as also the<lb/>means of entrance and communication between party and party<lb/>and between both and Judge most commonly the case will<lb/>be ripe for judgment for terminative decision. If not, thenceforward<lb/>the parties should and may well respectively<lb/>be called and engaged to pay attendance: but unless for<lb/>special reason neither will be bound to attendance, if they<lb/>are respectively able and willing to employ substitutes.</p> <p><note>19<lb/>19. Claim of injurious<lb/>acts supplied on both<lb/>sides. Now, if Judge<lb/>see prospect of contestation<lb/>he will <add>in that view</add> extract<lb/>the stock on both sides:<lb/>thus obviating <del><gap/></del> <add>ulterior</add><lb/>suits and doing <add>in all cases</add> what<lb/>Bonaparte's Conciliation<lb/>Judicatory professes to<lb/>do in some.</note></p> <p>Suppose between party a claim of injuries, initiative<lb/>or bilateral <add><unclear>unbilateral</unclear></add> now will be a time for <del><gap/></del> definative recordation:<lb/><add>of</add> complaints on both sides the stock <sic>compleatly</sic><lb/>exhausted. Thus will the <add><unclear>here</unclear> proposed</add> Judicatory to which in Bonaparte's<lb/>Code one of the Judicatories is with but little reason, as<lb/>it should seem declared by its name to be.</p> <p><note>20<lb/>20 <del>On</del> This may be an<lb/>occasion for secret sitting<lb/>by <del><gap/> <gap/></del> retirement<lb/>to the <del>closet of</del> Secrecy<lb/>Closet</note></p> <p><note>21<lb/>21. If in relation to any<lb/>party <del><gap/></del> from Applicants<lb/>statement it appears<lb/>clear that <del>in either</del><lb/>of no fact belonging to<lb/>the suit has he been<lb/>a principal witness,<lb/>nor can his attendance<lb/>be necessary for the purpose<lb/>of making admissions,<lb/>it may be dispensed with</note></p><p>On the occasion of a suit respecting title to property,<lb/>what may very well <add>will not unfrequently</add> happen is that <del>either to one or more</del><lb/><add>of</add> the facts on which the <add>of the</add> <del>case</del> <add>suit</add> depend, <del>have been</del> one or more<lb/>or all have not been principal witnesses. So far as this<lb/>is the case so far the attendance of a party will not be<lb/>necessary: <add>of</add> a substitute the attendance will be as subservient<lb/>as that of the principal to the ends of justice: <del>and the <gap/></del> to<lb/><add>making</add> make <add>and receive</add> admissions and <del>therefore</del> <add>thereby</add> save a mass of needless<lb/>evil in the shape of delay vexation and <sic>expence</sic> is what<lb/><del>the</del> in the case of the applicant the initiatory application,<lb/>in the case of the defendant the First bilateral attendance, is<lb/><del>a good work for which the</del> will have effected accomplished<lb/>brought about.</p> | ||
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1824. Jany.26
Constitutional Code
13
Ch. XI Judicial attending
Procedure
4 §. First Law
First bilateral meeting
First Sheet
18
18. Points non ascertained
1. Points in dispute
2. Ulterior Evidence expectable
3. Means of intercourse
between Judge and
parties.
Now, for special cases.
parties on either or both
sides may be bound to
attendance on day named.
otherwise they may
employ substitutes.
The points in dispute being thus settled, and the evidences
belonging to the case ascertained as also the
means of entrance and communication between party and party
and between both and Judge most commonly the case will
be ripe for judgment for terminative decision. If not, thenceforward
the parties should and may well respectively
be called and engaged to pay attendance: but unless for
special reason neither will be bound to attendance, if they
are respectively able and willing to employ substitutes.
19
19. Claim of injurious
acts supplied on both
sides. Now, if Judge
see prospect of contestation
he will in that view extract
the stock on both sides:
thus obviating ulterior
suits and doing in all cases what
Bonaparte's Conciliation
Judicatory professes to
do in some.
Suppose between party a claim of injuries, initiative
or bilateral unbilateral now will be a time for definative recordation:
of complaints on both sides the stock compleatly
exhausted. Thus will the here proposed Judicatory to which in Bonaparte's
Code one of the Judicatories is with but little reason, as
it should seem declared by its name to be.
20
20 On This may be an
occasion for secret sitting
by retirement
to the closet of Secrecy
Closet
21
21. If in relation to any
party from Applicants
statement it appears
clear that in either
of no fact belonging to
the suit has he been
a principal witness,
nor can his attendance
be necessary for the purpose
of making admissions,
it may be dispensed with
On the occasion of a suit respecting title to property,
what may very well will not unfrequently happen is that either to one or more
of the facts on which the of the case suit depend, have been one or more
or all have not been principal witnesses. So far as this
is the case so far the attendance of a party will not be
necessary: of a substitute the attendance will be as subservient
as that of the principal to the ends of justice: and the to
making make and receive admissions and therefore thereby save a mass of needless
evil in the shape of delay vexation and expence is what
the in the case of the applicant the initiatory application,
in the case of the defendant the First bilateral attendance, is
a good work for which the will have effected accomplished
brought about.
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Identifier: | JB/055/223/001"JB/" can not be assigned to a declared number type with value 55. |
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