Often, through the negligence of the judges or the bailiffs, when
security is not required of the parties, one or the other of them
unnecessarily suffers inconvenience or injury. For when one party is
present in court, and the other is absent, no little expense is often
incurred by the former. Therefore, we decree that all judges, and all
upon whom judicial power has been conferred, whenever the time arrives
in any suit for the giving of security; or when a cause is about to be
heard, or settlement to be made; both parties, that is the plaintiff
as well as the defendant, shall be required to give bond, that, upon
the day appointed for trial, either in person, or by representatives,
they shall be present in court, in order that the case may be heard,
or the claim otherwise disposed of; and if either party should refuse
to come, and absent himself upon the appointed day; or if sickness,
or any accident during his journey, should prevent him from coming;
and he should not communicate the fact to the judge or his attorney;
and should not appear in court within the time prescribed by law, and
the case should be delayed on that account; he shall pay the amount
of the bond to him before whom he entered into the obligation. And if
either the judge or the bailiff should neglect to exact security from
both parties, as aforesaid, and, while compelling one party to give
bond should excuse the other, he shall pay out of his own property, a
sum equal to that for which he wished to make him liable whom alone he
placed under bond. And if, to the injury of either party, the judge or
the bailiff should restore to one the undertaking which he had exacted
from the other, or should destroy or conceal it, he shall pay him on
account of whom the bond was executed, out of his own property, a
penalty equal to that which was inserted in the bond.
He who brought the suit may then insist that it be carried on without
further delay. The penalty, although declared in the bond to be payable
to the judge or the bailiff, shall not entirely belong to them; but,
after the case has been decided, they shall be entitled to half of said
penalty, and the other half shall be given to the party who gains the
suit.
=V. Those whose Affairs have been brought before a Tribunal for a
Decision, shall, under no Circumstances, enter into a Compromise before
the Case has been Decided.=
Public-domain text, read in full here on John Shaqi.
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