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1823. Oct. 17 Seen Decr 23
Constitutional Code or Procedure
Ch. Quasi Jury
§. 5. III. Functions individual Interpretative function
23 or 1.
Art 1. [II. Expositions]
Interrogation is imperative
thus applied:
viz. to extraction of assertions
corresponding
to the interrogative.
24 or 2.
Art 2. Correspondent to
interrogative function,
is responsive do. or
service: object of interrogative,
production
of the correspondent
responsive.
25 or 3.
Art 3. Qualities in response,
if given, necessary
to the existence
of obligation to exercise
the responsive.
1. Relevancy, as to the
matter in hand.
2. Possible aptitude to
be, on the occasion
in question, conducive
to the ends of judicature.
26 or 4.
Art 4. Persons to whom
with a view to those
ends, a Quasi Juryman
is authorized to address
questions in expectation
of receiving answers,
are actors &c. in general,
as per Ch. XI. §.:
in particular, these
1. A party on either side,
viz. either as party litigant,
as as do. testifying.
2. Extraneous witness.
3. Assistant, non-professional
or professional
on either side.
4. Pursuer Genl. of Depute.
5. Defender Genl. or do.
6. Registrar or do.
7. Fellow Juryman.
8. Officiating Judge.
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Ch. Quasi Jury
§. 5. III. Functions individual Interpretative function
27 or 5.
Art 5. If relevant and
apt response, question
neither irrelevant nor
otherwise unapt is
followed, well. Questions
to other than Judges
relevant and apt, if response
do. fails to follow,
Judge applies himself
to the exaction of do.
responses, according
to non-complying interrogative's
situation
as to the suit.
28 or 6.
Art 6. If party, of non-compliance
the effect
he gives him to understand
may be loss of
suit: on pursuer's side,
non-reddition of the service
demanded: on
defender's, reddition of
do. at his expence: and
such, in case of necessity
may be the result.
29 or 7.
Art 7. So, non-complying
interrogatee, an assistant
professional or
non-professional of
party: if in Judge's opinion
such non-compliance
is in concert with, or
with consent of party,
to save him from loss
of suit – and such in
case of necessity may be
the result.
30 or 8.
Art 8. If Pursuer Genl. or Defr.
Genl., Registrar or their Deputes,
Judge will cause
minute to be made in Incidental
compt. Book as per
Ch. XI. §. & proceed as there
directed.
31 or 9.
Art 9. So, if a fellow Juryman.
32 or 10.
So the Registrar, if it be
the officiating Judge.
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Ch. Quasi Jury
§. 5. Functions.
1.
Art 1. Exceptions excepted,
whereover Judge
Immediate or his Depute,
there Quasi Jury.
2.
Art 2. To each member,
right of taking part on
all occasions: on certain
occasions, the body
are called upon to
take a certain part.
3.
Art 3. viz. 1. Giving opinion.
2. putting question to
any actor in the judiciary
drama: viz
1. Judge or his depute.
2. Witness, any.
3. Party's professional
assistant on either side
4. Pursuer Genl. or depute.
5. Defender Genl. or Depute
6. Registrar, or depute
4.
Art 4. Such opinion, if
insisted on, is registered:
opinor eventually
responsible, non-penally
or penally to Appellate
Judicatory.
5.
Art 5. To do. question
whether relevant, Judge
decides: if yes, then if
answer is not given,
Registrar enters question,
with the refusal, express
or virtual, to
answer.
Identifier: | JB/034/060/001 "JB/" can not be assigned to a declared number type with value 34.
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1823-10-17 |
23 or 1 - 32 or 10, 1-5 |
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034 |
procedure code |
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060 |
procedure |
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001 |
quasi jury / functions individual / interrogative function |
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marginal summary sheet |
1 |
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recto |
d3 / e3 |
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jeremy bentham; john flowerdew colls |
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10334 |
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