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SECTION XXIII.: EVENTUAL RETROTRANSFERENCE OF A SUIT TO THE EQUITY COURT. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 3 [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 3.

Part of: The Works of Jeremy Bentham, 11 vols.

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SECTION XXIII.

EVENTUAL RETROTRANSFERENCE OF A SUIT TO THE EQUITY COURT.

Enactive.

Art. 1. Antecedently to the day on which this Act is appointed to expire, the Judge, unless in the mean time further continuance shall have been given to it, is hereby required to pronounce a decree in relation to each one of the suits which are at that time in pendency in his judicatory. This decree will be final or interlocutory, according to the progress made in the suit. If it be interlocutery, the suit will, for the purpose of receiving a final decree, revert of course to the Court from which it had been withdrawn: and except in so far as appealed from in such Court, all directions contained in such decree will, in and by such Court, be conformed to and carried into effect as if it were in such original Court that the decree had been pronounced: and in such direction will be included whatsoever it shall have seemed good to the Judge to determine in relation to costs.

Art. 2. In respect of all such suits, if any, in which a final decree having been pronounced by the Dispatch Court Judge, execution, either in the whole or in part, remains on the dissolution of such Court unperformed, such decree will receive its completion or its entire performance in the original Courts.

Instructional.—Enactive.

Art. 3. If as hereby eventually intended, a complete system of Local Judicatories shall have been established antecedently to the expiration of this Act, or of any Act passed for the continuance of it, or if a Local Judicatory for the London Judge-shire shall have been established, all such suits as at that time are still in pendency in the Dispatch Court will be to be transferred to such London Local Judicatory, instead of the original Court.