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<note>13 Nov<hi rend="superscript">r</hi> 1802.</note> | <note>13 Nov<hi rend="superscript">r</hi> 1802.</note> | ||
<head> | <head><gap/> Procedure</head> | ||
<note>Ends</note> | <note>Ends</note> | ||
<p>whether he is willing to receive it the Judge<lb/>imposes <del>up</del> it upon him of course.<lb/></p>But if the case be such that the Judge<lb/>before he proceeds to impose the obligation | <p>whether he is willing to receive it the Judge<lb/>imposes <del>up</del> it upon him of course.<lb/></p><p>But if the case be such that the Judge<lb/>before he proceeds to impose the obligation so<lb/>required to be imposed causes application to be<lb/>made to the party in question to know whether<lb/>he be content to see it imposed upon him and<lb/>upon such application so made to him he <gap/><lb/>to <sic>submitt</sic> to have it imposed upon him unless<lb/>upon further order to be pronounced <add>by the Judge</add> upon hearing<lb/>the reasons for and against the imposition of<lb/>the obligation thus contended against <add>in dispute</add> <del>on</del> in such case<lb/>a causes suit or litigation takes place & such cause<lb/> suit or litigation is termed a civil <add>non-penal</add> one.</p> <note>7<lb/>In a penal suit<lb/>some transgression is suppoed certain<lb/> and past —<lb/>in a non-penal<lb/>a <gap/> only. <lb/></note>In this case as in the case of a penal one an offence<lb/>is still supposed as liable to be committed nor<lb/>nor without the idea of delinquency in this case <lb/>any surer than the other be understood for<lb/>in this case a judgment with an order thereupon<lb/>grounded is supposed in one event <del>to be</del> viz in<lb/>the event of the plaintiff;s gaining his cause to<lb/>be issued by the judge. But to the idea of a<lb/>judicial order the idea of an act of delinquency<lb/>is necessarily <add>annex'd</add> for the order has no force<lb/>if any act <del>in</del> performed in breach of such<lb/>order be not considered and treated as an offence.<lb/> | ||
4
13 Novr 1802.
Procedure
Ends
whether he is willing to receive it the Judge
imposes up it upon him of course.
But if the case be such that the Judge
before he proceeds to impose the obligation so
required to be imposed causes application to be
made to the party in question to know whether
he be content to see it imposed upon him and
upon such application so made to him he
to submitt to have it imposed upon him unless
upon further order to be pronounced by the Judge upon hearing
the reasons for and against the imposition of
the obligation thus contended against in dispute on in such case
a causes suit or litigation takes place & such cause
suit or litigation is termed a civil non-penal one.
7
In a penal suit
some transgression is suppoed certain
and past —
in a non-penal
a only.
In this case as in the case of a penal one an offence
is still supposed as liable to be committed nor
nor without the idea of delinquency in this case
any surer than the other be understood for
in this case a judgment with an order thereupon
grounded is supposed in one event to be viz in
the event of the plaintiff;s gaining his cause to
be issued by the judge. But to the idea of a
judicial order the idea of an act of delinquency
is necessarily annex'd for the order has no force
if any act in performed in breach of such
order be not considered and treated as an offence.
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Identifier: | JB/052/017/001"JB/" can not be assigned to a declared number type with value 52. |
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1802-11-13 |
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052 |
procedure code |
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017 |
dumont procedure |
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001 |
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copy/fair copy sheet |
1 |
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recto |
d4 |
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john herbert koe |
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16690 |
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