★ Find a new page on our Untranscribed Manuscripts list.
13 Novr 1802
8
Dumont Procedure.
Ends
II. Delay
III Precipitation
— 3. Vexation; as above
order any of the inconveniences corresponding
to the ends of the first order in regard to the
business of procedure.
First. So far as the delay continues so far
the main positive ultimate end of procedure
remains unaccomplished.
2ly. From delay again in certain cases may
arise a result contrary to the negative ultimate
end of procedure — in other words from delay may
arise the conviction & thence the punishment &c
of the non-guilty — as for example by the deprivation
of evidence necessary to the proof of innocence.
3ly. From delay may arise forn forensic
vexation in any of its already enumerated shapes.
Second end of procedure among the ends of the
second order — avoidance of precipitation.
14
III. Mischief of the
3d order Precipitation
By precipitation no
certain mischief of either
of the two first orders
is produced — only
a chance of one or
other of the mischiefs
of the first orders as
the case may be viz.
In penalibus,
1. Non-punitive, with
non satisfaction, or
2. Punitive undue
with satisfaction undue
In non-penalibus
3. Non Collation where undue due
4. Non Collation, where
undue
Precipitation Precipitation may be ranked
among the ends as an end of the second order for the same
reasons that apply to the case of delay. But
the mass of inconvenience of which is it is
liable to be productive is upon the whole
even less considerable or at least less diversified.
In the case of delay there is a certain inconvenience
as long as it lasts viz the inconvenience already
mentioned in every case so delay so long as it
lasts is denier of justice in the case of
precipitation there is no inconvenience but
what in the first instance is with
the inconv inconvenience appertaining to
precipitation is the chance of some one of
the inconveniences to which it may happen
this precipitation shall give birth. These
are no other then the disaccomplishments
Identifier: | JB/052/021/001"JB/" can not be assigned to a declared number type with value 52. |
|||
---|---|---|---|
1802-11-13 |
14 |
||
052 |
procedure code |
||
021 |
dumont procedure |
||
001 |
|||
copy/fair copy sheet |
1 |
||
recto |
d8 |
||
john herbert koe |
|||
16694 |
|||