JB/016/175/001

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1828. Jany 7
Law Amendment.Propositions
Ch. II. Codification: or
Ch. III. Remedies
Duelling
Enactments
2 Prevention and Suppression
2 Defendant's examinatn.

§. 2. Examination of a Defendant's Examination

Enactive

Art. 1. The defendant being in the presence of
the Judge, his examination will therefore be taken. On that occasion
he will thereupon either confess the design or deny it. If he In case of
confession confesses it, the Judge will pronounce his decree accordingly.
If he denies it In case of denial, the Judge on the ground of the defendants evidence
singly, or after hearing such other evidence in the
case affords will determine and declare whether there
were or were be or be not grounds sufficient or more or less approaching to
sufficient for suspicion of such design: if no grounds
he will declare the suspicion altogether groundless, insufficiently
grounded or well-grounded: if groundless, he will decree impose
a fine on the informant as above: if insufficiently grounded, he will impose
a such fine or not as he sees cause: if sufficiently grounded
he will employ the comminative remedy with or without
the , at all events he will cause-record the
, taking care that it shall be in such a sort
and degree determinate, that no suspicion can have
place that the supposed challengee understood himself
to have received a challenge and declined it: and of such
designative declaration an an exemplar signed by the defendant
will be delivered to the pursuer.

Instructional

Note that in a case of this sort if where on the part in the breast
of the supposed challenger a sentiment of ill will as toward
the supposed challengee has place, a course which the supposed
challenger will naturally be disposed to take, is – so to shape
his denial as that while it will not have a sufficient ground war –
for the application of remedy in any shape, punitive, satisfactive
or even suppressive or even preventive, will, at the same time,
have the effect of producing in the public mind an opinion or suspicion
that by the supposed challenger
a challenge was by
understood to have
and acceptance declined:
in a word of fixing on him the imputation of deficiency in respect of fortitude.

Identifier: | JB/016/175/001 "JB/" can not be assigned to a declared number type with value 16.
Date_1	1828-01-07	Marginal Summary Numbering	1-3
Box	016	Main Headings	law amendment
Folio number	175	Info in main headings field	law amendment
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	5982
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