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PROCEDURE Summary. Course delineated. JURISDICTION of APPEAL. v. III /f2.
Should always be given - + + omitted in Par. 2. 24 ss 46. Excise in II Burn 28.] in Justices to Qu. Sep tho' given from 1 Limitation of Time. extat speciatim
2. To proceed on the merits. — The form to be
amendable - extat generatim. G.2. c. .v. Polychrista inventa.
3. Evidence fresh whether admissible or no.
que non. +
+ But this precludes it from the advantage of a which or no it were New Trial which might be expedient sometimes, as in case of forthcomingness of a Witness not before obtainable v. Divinity— As imparting censure the original Judge it not proper- as revisory.
Shaw Excise. 367.
4. Notice 1st to be in writting- 2d The time between that &
the proceeding viz. between that & the commencement of the Sessions.
By the Malt Act says Shaw [Excise 365] 6 days
notice & if there be not that interval then to go over to
the next Sessions — semble que it should not be
put off so long as there may be that distance between
the date of the Notice & the last day of the Sessions.
5. Whether permissible from an acquittal-?
semble que yes - on security given for double
Costs out of pocket taxable by the Sessions & mitigable—
But an acquittal of which a copy
might be made grantable should be a bar against
another original Information.. Tho' indeed the power
which seems to be lost of recommencing an information is
only analogous to the power in regular
civil actions of suffering a rather
than an adverse verdict.
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procedure code |
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procedure summary. course delineated |
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jeremy bentham |
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