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1825 Aug 31
Penal Code.
Ch III. Offences — Personal Rep
§3. Challenging
§. Judicial meeting.
10
At the meeting judge
in the first place to
ascertain the utterance
Art 1. As the judicial meeting, the judge satisfies
himself in the first place, as to the fact of the utterance
of the discourse to which the intention of uttering
a challenge is imputed, and the fact of the
supposed challenger has having been the utterer or
concerned in the utterance of it, with the intent
of its being received and understood by the supposed
challengee: in the next place, as to its being intended by
the challenger to produce the effect of a challenge.
11
If utterance acknowledged
to ascertain intention.
Art 2. If by the acknowledgement, or otherwise, it
appears to him that it was uttered, as above, by the
supposed challenger, the judge asks him whether
it was or was not intended by him to have the effect
of a challenge, or if not, whether it has not
been so intended since.
12
If intention acknowledged
to pronounce sentence
opinative as to guilt
imperative as to remedy.
Art 3.If such be acknowledged to have been the
intention, the judge pronounces the Defendant
guilty and proceeds to sentence: pronounces, and
opinative decree, declaring him guilty followed
by a correspondent imperative decree, ordering
the satisfaction, or punishment, or both, as the
case may require.
Identifier: | JB/016/018/001 "JB/" can not be assigned to a declared number type with value 16.
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copy/fair copy sheet |
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john flowerdew colls |
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