The Catholic World, Vol. 10, October, 1869 to March, 1870Various
Religion
The Catholic World, Vol. 10, October, 1869 to March, 1870
Various
Catholic Church -- Periodicals
The method of procedure before these congregations differs according
to the congregation, the nature of the business, and even the will
of the parties themselves. It may likewise be distinguished into
the ordinary, the summary, the inquisitorial, etc., etc., and is
regulated by positive rules or by custom. They are well known to all,
and, in practice, never give rise to any confusion.
We do not desire here to enter into details concerning these
different modes of procedure. We can only go so far as to make
known their general character, and to compare it with our own civil
proceedings, which are sometimes, we think groundlessly, supposed to
be a model for all others.
We select, as a type of the whole, the usages of the Congregation of
the Council. This congregation receives appeals from the sentences
of ordinaries, and also causes submitted to it by the consent of the
parties; the latter being equally proper with the former, provided
the rules are equally observed. These causes are usually commenced
by the sending of a summons to the opposite party through a public
official, in the same manner as in civil processes. At the outset,
however, a particular formality, called the settlement of the
question, is observed. The object of this is to determine the precise
point upon which the decision of the congregation is desired. For
this purpose it is necessary that an issue be joined between the
adverse parties, upon some definite proposition.... This is done
either by the parties themselves or their proctors, in presence
of the secretary of the congregation, and, in their default, the
secretary himself explains it in writing, or, when requisite, the
congregation is called to determine it.
This summons for the settlement of the question is served fifteen
days before the date of the proceeding itself. At the same time, the
original and authenticated writings which the parties have employed,
as well as a statement of the facts, signed by the proctor, must be
deposited at the office of the secretary. If judicial inquests and
the deposition of witnesses are necessary, they are taken by the
ordinary in the capacity of judge-delegate, the congregation not
being able to act at a distance. The _procès-verbal_ authenticated
and duly legalized, are transmitted to it; but as the causes
generally come before it by appeal, all these investigations of fact
are previously concluded, and the ordinary sends forward the entire
papers of the case.
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