TITLE CXLVII. The prayer on the day assigned to conclude in a plenary

suit, p. 297.

1. The proctor's prayer. 2. The judge concludes with the party. 3. Term assigned to hear sentence. 4. The other party dissents, if he distrusts his cause. 5. Otherwise he concludes with the party concluding. 6. Such other party may pray sentence. 7. The reason.

TITLE CXLVIII. Conclusion in a summary suit, when and how effected, p. 298, 299.

5. On

1. On the day of the first assignation to hear sentence, the party prays to be assigned to hear sentence on the next court day. 2. How the other party should act. 3. The second assignation brings on the sentence. 4. What if nothing is done on the first day assigned for sentence. the day of conclusion a term is assigned for informations. 6. When and where informations are heard. 7. The proctors should be present at informations: the reason.

TITLE CXLIX. Informations given to judges, p. 300.

1. Previous to informations the plaintiff's advocate reads the libel, 2. and the answers, 3. and the depositions of witnesses. 4. Then the advocate on the other side reads the counter allegations and proofs. 5. Then follow informations on the points of law. 6. How and when the judge interposes. 7. Length of informations.

TITLE CL. What a sentence is: and how manifold sentences are, p. 301.

1. Sentence follows the conclusion and informations. 2. It is the third branch of a suit and is called terminative or definitive. 3. Explanation of the term. 4. Sentences twofold. 5. Definitive. 6. Interlocutory.

:

TITLE CLI. What an interlocutory decree is, having the force of a definitive sentence, p. 302, 303.

1. A decree is then said to be interlocutory, when it is final. 2. Examples. TITLE CLII. The form of pronouncing sentence in pain of the contumacy of the proctor, or the principal party, p. 304–306.

1. The judge assigns a day for delivering sentence: the adverse party admonished to be present. 2, 3. If such party is absent, his contumacy accused. 4. He is three times called: and pronounced contumaciously absent definitive sentence then pronounced. 5, 6. Form of the sentence. TITLE CLIII. The assignation to hear sentence made in presence of the proctor, or the principal party in a suit, has the same force and effect as a special monition to be present on the day assigned to hear sentence, p. 307. 1. Assignation to hear sentence being made in presence of the principal party, or his proctor, sentence may be delivered on the day assigned, without a monition, notwithstanding the absence of the party. 2. The reason. Extra caution. 4. If sentence is not delivered on the day assigned, no other day can be fixed, so as to make the absent party contumacious. 5. The reason. 6. Mode of avoiding the difficulty.

3.

TITLE CLIV. The form of the sentence, supposing the defendant has died subsequently to the contestation of suit, p. 308.

1. No sentence can be pronounced against a defunct party. 2. Form of the sentence in that case. 3. Who may be called to see the execution of the

sentence.

TITLE CLV. The form of the sentence when delivered in presence of the proctor or his party and the necessary protest of appeal by the unsuccessful party, or his proctor, at the time, p. 309, 310.

1. The proctor draws up the sentence in writing. 2. And tenders it to the judge. 3. Custom in the Court of Arches. 4. Form of reading the sentence. 5. The word "justice" inserted by the judge in the sentence. 6. The reason. 7,8. The successful party's prayer. 9. Names of persons present in court taken down by the registrar, as witnesses to the delivery of the sentence. 10-12. The opposite party's protest and appeal.

TITLE CLVI. It is lawful to complain of nullity of sentence, or any other nullity, before the judge himself against whom the complaint is directed, or before a superior judge, p. 311.

1, 2, 3. A party aggrieved: to whom he may complain: the reason. 4. Examples of nullity. 5. Nullity must be particularly specified.

TITLE CLVII. The nullity of the sentence or acts, of a superior judge, may be alleged before an inferior judge, p. 312.

1. Appeals and complaints to an inferior judge against his superior not allowable. 2, 3. But, incidentally, an inferior judge may pronounce on the nullity of the sentence of a superior judge: the manner of doing so stated. TITLE CLVIII. The form of the prayer that sentence may be ordered for execution, p. 312.

1. If the judge appealed against is not inhibited within the term assigned : or within fifteen days. 2, 3, 4. He decrees the party against whom sentence was delivered to be called to show cause why sentence should not be ordered for execution.

TITLE CLIX. The form of ordering the sentence for execution by the judge, if the party against whom the sentence was given appears, p. 313-316. 1. Party called upon to show cause why sentence should not be ordered for execution: his appearance. 2. Form of the prayer against him. 3. His answer first term of appeal: what it is, and what it is called. 4. Term assigned to prosecute an appeal. 5. The term having lapsed, the other party who gained the suit may require sentence to be ordered for execution, without any other citation. 6. The reason. 7. To obtain inhibition is in effect to prosecute an appeal, though the judge appellate is not informed thereof. 8, 9. Its operation, notwithstanding the sentence is ordered for execution. 10. The appellant party protesting. 11. Doubtful point. 12. Adverse party, when admonished to prove the due interposition of an appeal. 13. How it may be proved. 14. Term assigned to prosecute the appeal. 15. Failure of proof. 16, 17. Longer time, when allowed to prove the fact of appeal. 18. The reason.

TITLE CLX. The petition of the proctor against the executors or administrators of a party deceased, to show cause why sentence should not be ordered for execution, p. 317.

1. Form of the allegation and petition. 2. Sentence ordered for execution. TITLE CLXI. Settlement of the value of matters decreed in sentence, preparatory to, and at the time of, ordering sentence for execution, p. 318, 319.

1, 2, 3, 4. Different examples adduced, (legacy suits: tithes : procurations : pensions,) in which sentence has been given without the value of the matters adjudicated being ascertained. 5. The plaintiff must call the defendant to see the settlement or liquidation of the value after sentence: witnesses produced their depositions published. 6. The value being ascertained, the sentence is ordered for execution. 7. If the adverse party is absent, he should be called. 8. The reason. 9. If he appears, he may except against the witnesses. 10. Unless after the publication of the depositions, if the value was alleged in the libel.

TITLE CLXII. Petition for, and decree of, a monition to pay costs, p. 320, 321. 1. Application to the judge. 2. His decree.

TITLE CLXIII. Execution of a monition for costs: and the form of denouncing excommunication by a definitive sentence, for the non-payment thereof, p. 322.

1. The proctor who has gained the suit should apply for a monition, and see that it is executed. 2. If the other party does not comply with the monition, he is excommunicated. 3. If he remains obdurate under this sentence forty days, he is imprisoned.

TITLE CLXIV. Renewal of a decree for costs, or for the principal sum, p. 323, 324.

2.

1. If the monition has become null by delay, or for any other cause. The proctor who obtained the decree should state the fact, for the purpose of obtaining a renewal of the decree. 3. The judge's sentence.

APPENDIX No. II.

A SYNOPSIS OF THE PRACTICE IN THE CONSISTORY COURTS;

OR, A BRIEF COMPENDIUM OF JUDICIAL PROCEEDINGS IN ECCLESIASTICAL SUITS.

1. A SUIT consists of three parts 1:—

The beginning, q. e. contestation of suit.

The middle, q. e. proofs.

The end, q. e. the sentence.¡

2. But previous to the contestation of suit, some steps are to be taken, called preparatory, viz. :

The citation.

1 Arthur Browne gives the following short analysis in his Compendious View of the Ecclesiastical Law :--

In every plenary cause there are three parts.

One, from the citation to the contestation of suit inclusively.

5. The proceedings which immediately precede the sentence, are, To propound all acts, in plenary causes.

The term

Informations.

To hear sentence, on the primary assignation, in summary proceedings.

To conclude, in plenary suits.

6. Some things follow the sentence, which are called posterior, viz. :— The execution of the sentence;

And the taxation of costs.

7. There are other proceedings, not in themselves necessary, but which may incidentally occur in any stage of a suit, viz. :

Contempt.
Contumacy.

Excommunication.

Absolution.

:

Oblation (or deposit of matters adjudged.)
Sequestration.

Oaths.

Costs.

8. The principal divisions of a suit are sometimes more briefly expressed by, first, second, third.

The first, extending from the commencement of the action, to the
contestation of suit.

The second, from the contestation of suit, to the conclusion.
The third, from the conclusion, to the definitive sentence.

9. All causes which come before the ecclesiastical courts, are either

12. Proceedings by the mere office of the judge, are, when the judge proceeds in his own name against an individual charged with a crime, on the petition of a party, by accusation, or by denunciation.

The second, from the contestation of suit exclusively, to conclusion in the cause inclusively.

The third, from the conclusion to the definitive sentence.

Under the first division he considers-1. Citation. 2. Contumacy. 3. Appointment of a proctor. 4. The libel. 5. Exceptions, replication, and contestation of suit.

Under the second-1. Further allegations; with exceptions. 2. Personal answers ; with exceptions. 3. Proofs by witnesses. 4. Publication. 5. Term to propound. 6. Conclusion.

Under the third-1. Sentence. 2. Execution.-Ed.