xml:lang="en" lang="en" dir="ltr">

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts


Jump to: navigation, search

Click Here To Edit

1823. Oct. 17 Seen Decr 23
Constitutional Code or Procedure

Ch. Quasi Jury
§. 5. Auditive and diction function
Functions individual

14 or 1.
Art 1. The ears of the Quasi
Jury should be reached
by every portion of discourse
which, in the Judicial
theatre, are capable
of entering into the
composition of the grounds
of Judge's decrees: to
them should be addressed
and understood to
be addressed as well as
to him, all discourses
addressed to him.

15 or 2
Art 2. So all do. addressed
by him, whether to them
or any other actor.

16 or 3.
Art 3. In particular,
all discourse orally
uttered by a party, whether
as litigant or as
testifying: and whether
spontaneously or at the
instance of another
party, or any other actor.

17 or 4.
Art 4. So all readings
of written documents.

18. or 5.
Art 5. In virtue of this
function, and for assistance
of their opinative
do.: after conclusion of
recapitulatory examination,
and before utterance
of his definitive
decrees, imperative or
opinative, Judge addresses
to Quasi Jury
his recapitulatory statement.

19 or 6.
Art 6. Example of topics.
I. On pursuer's side.
1. Demand: i.e. Service demanded
of Judge.
2. Grounds in Law: real
or fictitious.

---page break---

Ch. Quasi Jury
§. Auditive and diction function
Functions individual

19 or 6 contind.
3. Ground in fact: facts
asserted by him as of a
class of facts designated
by the law, as giving to
him in whose favor they
have place, right or say
title to a service such
as demanded at the
charge of Defendant's
N.B. By this law and
these facts together, is
constituted the efficient
cause of pursuer's right
or title to this service.
4. Evidence adduced by
persons in proof of the
several facts.
5. Arguments: viz as to
law or fact, or both: as
to law, endeavouring
to prove the aptitude
of this interpretation;
as to fact, to prove the
existence of the facts
constitutive of title.

20. or 7.
Art 7. II. those on Defender's
1. Defence: viz. 1. Denigatory,
if any: denying
the efficiency of the alledged
efficient cause
of demand as to law or
fact or both as above:
It may consist of
1. Counter interpretation
as to law.
2. Counter-evidence as
to fact.
3. Counter-argument
as to either.
II. Counter-assertive:
resting on grounds different
from the demands
and accordingly alledging

---page break---

Ch. Quasi Jury
§. Auditive and diction function
Functions individual

20 or 7. Contind.
and accordingly alledging
and endeavouring
to prove the existence
of law and fact,
constituting, with relation
to pursuer's title,
an extinctive cause,
operating in destruction
of it.
Topics the same as
those on Pursuer's
side, as above.

21 or 8.
Art 8. To this recapitulatory
succeed any such
observations as he
may deem necessary
and useful, to the purpose
of rendering apparent
the aptitude
of the decrees opinative
and imperative,
he is about to issue:
aptitude, i.e. conduciveness
to the ends of

22 or 9.
Art 9. Thereupon, the
tenor of both decrees,
with or without supplemental
as above.

Identifier: | JB/034/059/001
"JB/" can not be assigned to a declared number type with value 34.



Marginal Summary Numbering

14 or 1 - 22 or 9



Main Headings

procedure code

Folio number


Info in main headings field

or procedure




quasi jury / auditive function / functions individual


marginal summary sheet

Number of Pages




Page Numbering

d2 / e2


jeremy bentham; john flowerdew colls



Paper Producer


Paper Produced in Year

Notes public

ID Number


Box Contents

UCL Home » Transcribe Bentham » Transcription Desk