Report of the Commissioners of Code Revision: Appointed by the Governor Under 1036, Laws 1895 |
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actions administration of justice adopted amendments appointed arbitrators cedure chapter civil and criminal civil code civil procedure classification clerk code of civil code of procedure Code Revision colony compiled complainant complete code complete scheme constitution controversies costs countries court is empowered court of chancery court of sessions courts of record criminal procedure customs David Dudley Field dicastery Duke's Laws early Roman embraced enacted English entitled established fees forms Governor included inconsistent with law judges judgment judicial procedure jurisprudence jurors Justinian legislature litigation magistrate ment modified by statute officers original jurisdiction parties penal code plaintiff pleading practice acts practice and procedure present code promulgated provinces provisions relate to matters relating to practice Revised Statutes Roman law rules of court rules of practice rules regulating scheme of civil sections separate code Sir William Jones substantially supreme court system of procedure tions town court Twelve Tables written law
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Page 58 - An Act for the Amendment of the Law and the better Advancement of Justice...
Page 34 - In cases where they apply"; and also with section 914, providing that "the practice, pleadings and forms and modes of proceeding In civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time In like causes In the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Page 42 - The form of government of Persia is in its most important features similar to that of Turkey. All the laws are based on the precepts of the Koran, and though the power of the Shah is absolute, it is only in so far as it is not opposed to the accepted doctrines of the...
Page 15 - Taking the general working of the dikasteries, we shall find that they are nothing but Jury-trial applied on a scale broad, systematic, unaided, and uncontrolled, beyond all other historical experience — and that they therefore exhibit in exaggerated proportions both the excellences and the defects characteristic of the jury-system, as compared jJJ. with decision by trained and professional judges.
Page 11 - Moreover thou shalt provide out of all the people able men, such as fear God, men of truth, hating covetousness ; and place such over them, to be rulers of thousands, and rulers of hundreds, rulers of fifties, and rulers of tens...
Page 53 - ... to the end that the defendant may, if he please, take a copy thereof, and •provide his answer, which is also to be filed by the said defendant, and the judgment, if for the plaintiff, shall be endorsed on the declaration ; if for the defendant, on the answer, and all evidences concerning that cause are to be filed together and remain in the hands of the clerk.
Page 37 - England, for the purpose of considering the operation of this Act, and of the Rules of Court for the time being in force, and also the working of the several offices and the arrangements relative to the duties of the officers of -the said Courts respectively, and of inquiring and examining into any defects which may appear to exist in the system of procedure or the administration of the law...
Page 3 - State and the codes of procedure and practice acts in force in other States and countries, and the rules of court adopted in connection therewith, and report to the next Legislature in what respects the civil procedure in the courts of this State can be revised, condensed and simplified.
Page 50 - When judgment was rendered against a defendant for a sum of money, time was given for payment, usually fourteen days, for the discharge of one half, and the remainder in a month. If, at the expiration of that time, he did not comply, application was made to the court, and the schout, or usually the court messenger, went to the delinquent, and exhibiting a copy of the sentence and his wand of office, which was a bunch of thorns, summoned...
Page 42 - All the laws are based on the precepts of the Koran, and though the power of the Shah is absolute, it is only in so far as it is not opposed to the accepted doctrines of the Mahometan religion, as laid down in the sacred book of the Prophet, his oral commentaries and sayings, and the interpretation of the same by his successors and the high priesthood.