1823 Oct. 25

Constitutional Code or Procedure

Ch Appellate Judges S. Grounds for Quasi Appeal

Ch. Appellate Judges S. Grounds for Quasi Appeal

27 1.

Art 1. Competent grounds for Quasi Appeal Examples. 1. Transcription of appropriate part of records, not allowed. 2. In record, material omission. 3. In Record, untrue assertion. 4. In Record, untrue substitution. 5. In record, matter irrelevant or immaterial, whereby to labour or expence of transcription, vexations addition made. 6. Delay or say non-dispatch, all comprehensive. 7. Do as to some particular operation needful on either side.

28. 2. Art 2. Where by delay, a period during which a measure needful, and alone or with a thus sufficient forgiving execution to a law, has been to expence, such delay has misdecision, or the equivalent non-decision for it's effect. Say through delay misdecision or it's equivalent necessitated: or right decision im -possibilitated. Note

Ch. Appellate Judges S. Ground for Quasi-appeals

28 2. contin d. Note, that in so far as the Pursuer is in the right, non decision so long as it lasts, has the same effect as misdecision

29 3. Art 3. Reducible to forthcomingness is every such means: viz of persons on things: for justiciability on evidence.

30. 4. Art 4. Delay is temporary inaction or non operation, absolute or relative, all comprehensive or particular Where the delay has for it's effect misdecision or what is equivalent, had it's appropriate -means of forthcomingness been employed, the forthcomingness requisite, and in consquence of it right decision, w. d have had place. but by the delay, such forthcomingness hav g been rendered unobtainable, misdecision or the equivalent has been the consequence.

31. 5. Art 5. Forthcomingness of things-thence right decision hors prevented by undue delay: its causes. Examples 1. Expatriation. 2 3. deterioration- 4. Relative deterioration

Ch. Appellate Judges S. Grounds for Quasi appeal

32. 6. Art 6. D o of persons. 1. Expatriation 2. 3. Insolvency 4. Death 5. Relative deperition or deterioration of faculties

33. 7. Art 7. The thing or person a source of evidence, causation of nonforthcomingness may have had for its effect suppression of evidence