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<p>The law of Procedure is composed of the system<lb/>or assemblage of adjective laws</p> | <p>The law of Procedure is composed of the system<lb/>or assemblage of adjective laws</p> | ||
<p>End in view of the<lb/> system of adjective laws taken together the providing<lb/>for the fulfillment of the mass of will expressed and the<lb/>body of predictions contained in the system of substantive <lb/>laws.</p><p> | <p>End in view of the<lb/> system of adjective laws taken together the providing<lb/>for the fulfillment of the mass of will expressed and the<lb/>body of predictions contained in the system of substantive <lb/>laws.</p><p> | ||
To find the division proper to be made in this<lb/>most general and all comprehensive endeavour must<lb/>be <unclear>tied</unclear> to the distinction between penal procedure &<lb/>civil procedure. In penal procedure the existence of<lb/>an offence already committed is supposed & the main<lb/>end of the system of <del>pro</del> penal procedure is the<lb/><del>obta attaining</del> <add>obtaining</add> the fulfillment of that part of the<lb/>system of substantive laws which is occupied in<lb/>producing in case of the commission of the several<lb/>act to which by its postulations it gives the character<lb/>of offences the excution of the several punishments<lb/>annexed respectively annexed to these several offences<lb/>together with the affording of usch species of satisfaction<lb/>viz: to be <sic>administerd</sic> for or in consideration of each<lb/>several offences as are respectively attached to the<lb/>several lots of punishment. <lb/> | To find the division proper to be made in this<lb/>most general and all comprehensive endeavour must<lb/>be <unclear>tied</unclear> to the distinction between penal procedure &<lb/>civil procedure. In penal procedure the existence of<lb/>an offence already committed is supposed & the main<lb/>end of the system of <del>pro</del> penal procedure is the<lb/><del>obta attaining</del> <add>obtaining</add> the fulfillment of that part of the<lb/>system of substantive laws which is occupied in<lb/>producing in case of the commission of the several<lb/>act to which by its postulations it gives the character<lb/>of offences the excution of the several punishments<lb/>annexed respectively annexed to these several offences<lb/>together with the affording of usch species of satisfaction<lb/>viz: to be <sic>administerd</sic> for or in consideration of each<lb/>several offences as are respectively attached to the<lb/>several lots of punishment. <lb/><note>6<lb/>2. in non penal <lb/>cases. <hi rend="underline">collation</hi><lb/> viz of some right<lb/> with the corresponding <lb/>allegations<lb/></note></p><p>In <add>a case of</add> civil procedure the <add>previous</add> existence of any<lb/>offence is not supposed <del>tbat</del> what is supposed is the<lb/>existence of a right on the part of some individual<lb/>to apply to a court of justice requesting the Court <lb/>to <del>invi</del> invest him with <add>confer on him</add> another correspondent<lb/>right but by conferring on <del>this</del> the individual in<lb/>applying the right as applied for it can do no<lb/>otherwise than create on the part of some other<lb/>individual a correpondent obligation or mass <lb/>of obligations if the individual on whom the<lb/>obligation in question is sought to be<lb/><del>impp</del> imposed submitts voluntarily to have<lb/>it imposed on them there is no law sent in<lb/>the cause: so likewise if without enquiring whence <lb/><note>whether</note></p> | ||
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13 Novr 1802
3 1
Distinct Procedure
Ends
5
End of procedure
(main) to fulfill the
productions of the substantive
laws
viz: the penal case
1. Punitive
2. Satisfaction
The law of Procedure is composed of the system
or assemblage of adjective laws
End in view of the
system of adjective laws taken together the providing
for the fulfillment of the mass of will expressed and the
body of predictions contained in the system of substantive
laws.
To find the division proper to be made in this
most general and all comprehensive endeavour must
be tied to the distinction between penal procedure &
civil procedure. In penal procedure the existence of
an offence already committed is supposed & the main
end of the system of pro penal procedure is the
obta attaining obtaining the fulfillment of that part of the
system of substantive laws which is occupied in
producing in case of the commission of the several
act to which by its postulations it gives the character
of offences the excution of the several punishments
annexed respectively annexed to these several offences
together with the affording of usch species of satisfaction
viz: to be administerd for or in consideration of each
several offences as are respectively attached to the
several lots of punishment.
6
2. in non penal
cases. collation
viz of some right
with the corresponding
allegations
In a case of civil procedure the previous existence of any
offence is not supposed tbat what is supposed is the
existence of a right on the part of some individual
to apply to a court of justice requesting the Court
to invi invest him with confer on him another correspondent
right but by conferring on this the individual in
applying the right as applied for it can do no
otherwise than create on the part of some other
individual a correpondent obligation or mass
of obligations if the individual on whom the
obligation in question is sought to be
impp imposed submitts voluntarily to have
it imposed on them there is no law sent in
the cause: so likewise if without enquiring whence
whether
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Identifier: | JB/052/016/001"JB/" can not be assigned to a declared number type with value 52. |
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1802-11-13 |
5-6 |
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052 |
procedure code |
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016 |
procedure |
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001 |
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copy/fair copy sheet |
1 |
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recto |
d3 |
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john herbert koe |
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16689 |
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