JB/034/039/001

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1823. Sept 1. Constitutional Code. III. Rationale Questions

Ch. Quasi Jury
S. Functions

1.

Qu.3. Why not to summary?
Answer. Reasons.
1. Apprehended multitude
of Jurymen demanded,
thence proportionable
vexation and expence.

2.

Impossibility of foreseeing
the applications
that pour in, thence
the quantity of Quasi
Jury's time requisite.

For sudden encrease
of demand in the case
of the Judge, provision
is made by the power
of deputation: no such
sudden supply can be
made of Quasi-Jury
men. For appointed
hearings, provision
can be adapted to the
demand and supply of
the moment.

4.

2. Appeal from summary
to appointed sittings.
No such vexation and
delay here, as in appeal
to Appellate Judicatory
sole appeal do. from
Principal to Depute,
from Depute to Principal,
or from either
to himself.

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Ch. Quasi Jury
S. Functions

5.

In this, neither incongruity
nor innovation,
nor danger to justice,
so long as Appeal from
Immediate to Appellate
remains behind.

6.

Anglicé, in Equity Judicatories,
rehearing common.

A rehearing is by an
actual after a quondam
Chancellor, or by
an actual after himself.
Here no fraud.

Fraud is where the
Appeal is from the
same to the same in
effect, and not in appearance.
The other
Judges, either two only
paid for voting as they
see him vote, and not
thinking: added, if any,
men sent in by some extent
interest which if
would show
each to be Judge in his
own cause.

Identifier: | JB/034/039/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-01	Marginal Summary Numbering	1-8
Box	034	Main Headings	constitutional code
Folio number	039	Info in main headings field	constitutional code
Image	001	Titles	ch. quasi jury / functions
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e1
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10313
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