JB/016/019/001

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1825. Augt 311
Penal Code

Ch III. Offences—Personal Rep.
§.3.Challenging.

13.
If intention denied
Judge to minute denial
& divulgate if necessary.

Art 4. If the tenor of the discourse in question being admitted
or proved, as also the fact of it's having been uttered, as
though by the Defendant, the supposed challenger denies
it's having been uttered by him with any such
intent as that of operating as a challenge, of such denial
in the minute of the record,special notice will be
taken; and upon occasion, if the judge sees reason,
appropriate divulgation of it will be made as per
article |^^^| below.

14
Judge thereupon to
declare denial
1. sincere &x blameless
2. sincere but rash
3. insincere & mendacious.

Art. 5. The judge will thereupon, after due examination,
declare such denial.

1st sincere and blameless. 2d sincere, but coupled
with rashness in the utterance of a discourse so liable
to be taken under the circumstances of the case,
as intended to have had the effect of a challenge, or else.

3d. Sincere Insincere and mendacious.

15.
Where sincere Judge
to determine as to satisfaction
for vexation & cost if any.

Art. 6. In the case where the denier is deemed sincere,
the Judge will determine in regard to satisfaction
for vexation and cost, if any, as between the informant
and supposed challenger.

16
If rash as to determine
as to satisfaction to
challenge.

Art 7. In the case of sincerity coupled with rashness,
the judge will determine as to the burthen of
satisfaction, or punishment, or both, to be borne
by the supposed challenger.

17
If mendacious to
determine as to
satisfaction or punishment
or both.

Art. 8. In the case of insincerity mendaciousness,
as above, the judge will pronounce burthen
of satisfaction or punishment, or both, for the challenge,
and separate punishment for the mendacity
considered as a separate offence, in this and in
all other cases.

Identifier: | JB/016/019/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1825-08-31	Marginal Summary Numbering	13-17
Box	016	Main Headings	penal code
Folio number	019	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	5826
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