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Page:Catholic Encyclopedia, volume 17.djvu/251

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may order the publication of the evidence as soon Expenses. — In contentious suits the parties may as the testimony is complete. When this has been be compelled to pay something towards the ex- done exception cannot be taken to a witness, unless penses of the court, unlejss they are excused by rea- a party can prove or, at least, swears that he was son of their poverty. The usual costs are fixed by not aware of the disqualification of the witness in the provincial council or by a meeting of the time to object; he may, however, challenge the bishops, and the judge may insist on security for validity of the examination or of the evidence itself, the costs being lodged in the chancery. The loser The witness is entitled to be reimbursed for his usually pays all the costs, but in very intricate traveling and hotel expenses and for loss of time, cases or in suits between relatives or for a just the judge fixing the amount. If the party who cause a pro rata payment may be ordered in the called mm does not pay within the time fixed sentence. The decree of execution becomes opera- the evidence given on his behalf by the witness is tive when the suit has been definitively settled; in considered stricken out. The testimony of one cases of necessity, however, a provisional execution witness is not considered sufficient proof, except may be ordered. The ordinary of the court of first regarding matters done by him ex-omcio; the con- instance, or if he refuses or neglects the appellate current testimony of two unexceptionable witnesses judge is the executor. The judgment in real actions is necessary but sufficient to establish a point, is to be executed at once; in personal actions, how- though occasionally the judge may demand more ever, a delay of not less than two, or more them six ample proof on account of the gravity of the issue months is allowed, or if some doubt still remains. Criminal cases. — Criminal courts deal only with

An incidental suit sometimes occurs, as when public offenses; if the offense is a violation also of after the citation a question arises which, though the civil law the ordinaiy usually does not insti- not contained expressly in the bill, is so connected tute proceedings if the accused is a lay person and with the main controversy that it should be set- the civil authorities have taken the case in hand, tied first. It may be raised verbaUy or by writ- When the offense is certain, spiritual punishment ing and is decided by an interlocutory sentence of such as penance, excommunication, suspension, and the judge, which for just cause may be corrected interdict can be imposed by precept irrespective of or revoked by him before the conclusion of the a trial. The ri^ht of action is reserved to the main case. These suits deal with contumacy, the promoter of justice, but a private individual may intervention of a third party to protect his own and sometimes is obliged to denounce the offender interests, and attentates or attempts of either party to the bishop, chanceUor, vicar f orane, or parish or of the judge to do anything during the suit, priest, and must then aid the promoter. If the a^inst the interests of one of the litigants and offense is not public and certain there must be a without his consent. special inquisition to insure that an innocent party's

The next step before the discussion of the case is reputation will not suffer by his being summoned the publication of the acts, by which is meant that to answer a criminal charge. If the accused when each party and* his advocate may inspect the acts cited to appear confesses his guilt, the ordinary which up to this point have been kept secret and may confine himself to a judicial correction. This may obtain copies of them. When tne judge has correction may be administered only twice, and ascertained that all necessary matters have been never when the offense entails excommunication set forth or that the legal time for adducing proofs very specially or specially reserved to the Holy is over, he issues a decree declaring the case con- See, or infamy, deposition, degradation, or privation eluded, and fixes a date for the parties to brinjg of a benefice, or when it is necessary to pronoimce forward their defense or claim. The defense is a vindicatory punishment or censure, or when it made in writing, copies being exchanged between woidd not be sufficient to repair the scandal and the parties and also prepared for each of the judges, the wrong done. When there may be no correc- though the president of the court may order them tion or ii it has been administered in vain, the to l^ printed. Each party is entitled to reply record of the inquisition is turned over to the once in writing to the allegations of his adversary, promoter of justice, who at once draws up a bill If he thinks it advisable the judge may allow a and the case proceeds along the lines of contentious brief address to be made, but only to clear up some suits already described.

obscure point. The judgment must be based on Matrimonial Siuts. — Matrimonial suits of rulers, the acts and proofs; if the judge cannot attain their children, and heirs apparent are to be tried moral certainty he should announce that the only before the Sacred Congregation, tribunal, or plaintiff has not proved his claim and uphold the special commission which the pope selects for the defendant, except in a causa favorabUis—or when purpose; the Congregation of tne Discipline of the there is a doubt about the right of two claimants Sacraments has exclusive jurisdiction over dispensa- to possession, in which case he should leave both tions from ratified unconsummated marriages; the parties in undivided possession. Before a collegiate Holy Office decides all questions of the Pauline tribunal decides, its members meet and each reads Privilege. In other cases the competent judge is his decision and the reasons therefor; a discussion the local judge where the marriage was cdebrated takes place and any judge may change his opinion; or where the party lives, or where the Catholic if no agreement is reached another meeting may party has a domicile or quasi-domicile, if the other be called within a week for further discussion. The party is not a Catholic

judgment must give the main details of the pro- Ordination Suits. — ^To begin a suit on the validity ceedinKS and decide for or against the defendant; of ordination or its obligations, a libellus should prescribe what the loser is to do, and how, when, be forwarded to the Congregation of the Disci- and where he must do it; give the reasons for pline of the Sacraments or if the question of a the judgment, and settle the question of costs; substantial defect of rite is involved, to the Holy and be dated and signed by the judge or judges and Office ; the congregation decides if the case is to the notary. The sentence is to be published as soon be sent to the tribunal of the diocese of the cleric as possible; this may be done by citing the parties at the time of ordination, or to the diocese where to hear it read, or by informing them that they he was ordained, if the suit is based on a defect can obtain copies of it from the chancery, or by of rite or if it may decide the question itself. The sending them a copy by registered mail. defender of the bond of ordination must intervene