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<head>1827. <sic>Oct<hi rend="superscript">r.</hi></sic> 15 +<lb/><add>Law Amendment</add> <del>Constitutional Code.</del></head> <p><note>2<hi rend="superscript">o</hi><lb/><sic>Ch.</sic> Propositions</note><gap/> or <gap/> &c (1) <note>§.3 <!-- deleted in pencil --> <del>Judiciary Establishment</del><lb/>or<lb/>§ 5 Procedure<lb/>Preliminary enquiries useless</note></p> <!-- start of text crossed through in ink, transcribed with original deletions only --> <p><del><add>That all proceedings in the present place — all operations and all instruments<lb/>intended to the character of evidence</add><lb/>That to <gap/> any enquiry made in the <gap/><lb/>preliminary enquiry as the result of which no decree of judgment<lb/>can be pronounced is an altogether use source of delay, vexation<lb/>and <sic>expence</sic>: and that in this case <gap/> <gap/> to in present cases</del><lb/>1. Proceedings before a Justice of the Peace <Add>one or more</add> in every case in which it is<lb/>not in their power <add>belongs not to them respectively</add> to pronounce judgment and cause execution.<lb/>2. Proceedings before a <gap/> Jury. 3. Motion for criminal information<lb/>4. In <add>civil</add> case not criminal 1 Motion for a Writ of <gap/> Warrant<lb/>2. Motion for a Writ of Mandamus. In <add>civil</add> actions at common law<lb/>the Writ in <del>p</del> which the action originates together with all subsequent<lb/>written <del>words</del> pleadings and other instruments</p> <!-- end of crossed out text --> <p><note>1<lb/>Sole mode of<lb/>commencement<lb/>evidence orally<lb/>received</note></p> <p>This in <del>consequence of the case</del> no suit will take<lb/>its commencement on any other grounds that that of <add><del>orally del</del> evidence <add>orally delivered <del>evidence by <gap/><lb/><add><del>orally d elicited by the Judge</del></add> by or on behalf of the proposed plaintiff under the same responsibility<lb/>as in the case of an extraneous witness, all proceedings<lb/>carried on <add>heard</add> in the present place — all operations <del>and</del> performed<lb/>and <add>written</add> instruments delivered antecedent to the <gap/> of such<lb/>evidence including Writs emanating from the Court and<lb/><add>written</add> pleadings emanating from the parties will in the proposed plan<lb/><del><gap/></del> be superseded: in particular all preliminary enquiries<lb/><del><gap/></del> in which no definite judgment <add>nor consequently execution</add> can be had <del><gap/></del> for<lb/>the purpose of determining whether a succeeding enquiry shall<lb/>be instituted in pursuance of which a definitive judgment <add>and execution</add> may<lb/>be had.</p> <p><del>Of this arrangement</del></p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1827. Octr. 15 +
Law Amendment Constitutional Code.
2o
Ch. Propositions or &c (1) §.3 Judiciary Establishment
or
§ 5 Procedure
Preliminary enquiries useless
That all proceedings in the present place — all operations and all instruments
intended to the character of evidence
That to any enquiry made in the
preliminary enquiry as the result of which no decree of judgment
can be pronounced is an altogether use source of delay, vexation
and expence: and that in this case to in present cases
1. Proceedings before a Justice of the Peace one or more in every case in which it is
not in their power belongs not to them respectively to pronounce judgment and cause execution.
2. Proceedings before a Jury. 3. Motion for criminal information
4. In civil case not criminal 1 Motion for a Writ of Warrant
2. Motion for a Writ of Mandamus. In civil actions at common law
the Writ in p which the action originates together with all subsequent
written words pleadings and other instruments
1
Sole mode of
commencement
evidence orally
received
This in consequence of the case no suit will take
its commencement on any other grounds that that of orally del evidence <add>orally delivered evidence by
<add>orally d elicited by the Judge by or on behalf of the proposed plaintiff under the same responsibility
as in the case of an extraneous witness, all proceedings
carried on heard in the present place — all operations and performed
and written instruments delivered antecedent to the of such
evidence including Writs emanating from the Court and
written pleadings emanating from the parties will in the proposed plan
be superseded: in particular all preliminary enquiries
in which no definite judgment nor consequently execution can be had for
the purpose of determining whether a succeeding enquiry shall
be instituted in pursuance of which a definitive judgment and execution may
be had.
Of this arrangement
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