The High Court of DelegatesThis 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
Jurisdiction | 32 |
Commissions of Delegacy | 54 |
Commissions of Review | 62 |
ProcedureCauses Inter PartesThe Preliminaries | 81 |
Note on the use of the Great Seal for Commissions | 112 |
ProcedureCauses Inter PartesProof by Documents | 156 |
Insertions in the sentence | 172 |
The Personnel of the court | 178 |
Requisition | 263 |
Warrant | 265 |
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 |
The Locale of the court | 201 |
The Records of the court | 209 |
Appendices | 232 |
Inhibition and citation page | 242 |
Libel | 246 |
Decree for personal answers | 249 |
Monition for process | 251 |
Instrument of appeal | 253 |
Compulsory | 256 |
Commission ad partes | 258 |
Commission pro scrutinio | 260 |
Decree of excommunication | 282 |
Decree of significavit | 284 |
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 |
305 | |
309 | |
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Common terms and phrases
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