JB/034/059/001

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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.

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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
side.
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
side.
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
and

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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
statement
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
Judicatures.

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

Identifier: | JB/034/059/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-10-17	Marginal Summary Numbering	14 or 1 - 22 or 9
Box	034	Main Headings	procedure code
Folio number	059	Info in main headings field	or procedure
Image	001	Titles	quasi jury / auditive function / functions individual
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham; john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10333
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