The High Court of Delegates

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CUP Archive, Jul 2, 1971 - History - 318 pages
This book, a study of the principal appellate court in the English civil law hierarchy, the High Court of Delegates, examines the history, jurisdiction, procedure, personnel and records of the court from the mid-sixteenth century until its abolition in 1832. In an introductory historical survey, the author considers the earlier provisions for civil law appeal, the circumstances surrounding the creation of the Court of Delegates, and its history from the mid-sixteenth century until 1832. After a general discussion of the jurisdiction of the court, Dr Duncan goes on to a detailed discussion of several jurisdictional problems: in particular he deals with the relationship between the Court of Delegates and certain other Judicial bodies, and with the extent of the Court's original jurisdiction. He devotes two chapters to commissions of delegacy and commissions of review, analysing the rules which governed the right of a party to appeal to the Court of Delegates, and also to appeal from a decision of that Court. The central portion of the book is devoted to procedure: the various stages through which an appeal passed are set out in detail, and particular attention is paid to the taking of evidence.

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Contents

Commissions of Delegacy
25
ProcedureCauses Inter PartesThe Preliminaries
81
ProcedureCauses Inter PartesProof by Witnesses
114
ProcedureCauses Inter PartesProof by Documents
156
Insertions in the sentence
172
The Personnel of the court
178
The Locale of the court XI
201
The Records of the court
209
Sentence testamentary cause
266
Sentence defamation cause
269
Sentence simony cause
272
Bill of costs retardati processus
275
Bill of costs expensae litis
277
Schedule of excommunication
280
Decree of excommunication
282
Decree of significavit
284

Appendices
232
Libel
246
Decree for personal answers
249
Monition for process Instrument of appeal er er XI Compulsory
256
Commission ad partes
258
Commission pro scrutinio
260
Requisition
263
Warrant
265
Petition for commission of review
287
Commission of review
289
Appointment of Deputy Registrar
293
List of Registrars of the Delegates
295
List of Deputy Registrars of the Delegates
302
Bibliography
305
Index
309
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