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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.
6. Deposit. ++ ++ 15. C 2. 1.11. ss19. Excise
7. Costs. exstat speciatium- Double mistrial by 15. C.2. 11 ss19.
FORMULAE
That the printed forms contain not only
the general matters with blanks for the such matters
as are particular to the case in hand but also directions
for the filling up such blanks, printed so as to
form a border to the paper.
RECORDIATO Sive INSINUATIO + + we have net of own we must be content to borrow from our neighbours.
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procedure summary. course delineated |
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