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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 prehend any enquiry made in the character of
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 or can be 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 Quo Warranto
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
That in consequence of the case no suit will take
its commencement on any other grounds that that of orally del evidence orally delivered evidence examined
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 elicitation 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be superseded: in particular all preliminary enquiries
on 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
Identifier: | JB/056/158/001"JB/" can not be assigned to a declared number type with value 56. |
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