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1824 Nov. 20
Procedure CodeCh. 1 Stages of Procedure
§. 6. Sittings and hearings
Where under this Code in the same Judicatory in the course of the same
suit, one Judge sits at one time and another at another
and the Judge principal after one of his Deputes, this
might at first sight be regarded as an Appeal, and as such
adding to the number of the stages of judicature. In no system however is it
or can it be altogether avoided: in no system is it regarded
as having that effect. Under this system no change of plan
will accompany it: no such vexation to parties and witnesses.
Two sittings one by one Judge another by another will not
occupy more time than two sittings by one and the same
Judge. Under this system the endeavour is to make the change
from Judge to Judge on the same stand as rare as may be.
In general For the most part the Judges will be for the sittings of course, a Depute;
for sittings by with a Quasi Jury the principal
Judge. In so far as this has place the Quasi Jury enquiry
will have the effect of an Appeal from the Depute to principal.
Proportioned to the complexity and intricacy of the suit
will be the reason for securing the conclusion of it to the Judge
under whom it has commenced. In this case state of things alone as will the
evidence in the whole chain of it be present in the same advantageous form to the recollection
of the Judge at the time for formation of his definitive decrees.
Identifier: | JB/055/279/001"JB/" can not be assigned to a declared number type with value 55. |
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