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1823. Aug. 18. Jun. Dec. 23.
Procedure Constitutional Code
II. Enactive Exposition
Ch. Quasi Jury ()
Ch. Quasi Jury Operative
S.3. Quasi-Jury Communicative Functions Of
42. or 6. Communicative
Art.6. Occasion where
Quasi Jury takes part.
On a point of law or fact
of law, or both, preannounced
in writing, after
parties heard, judge
is to pronounce decision:
previously or subsequently
thereto, he propounded
the point to Quasi
Jury: they approve, propose
a different one, or
declined doing either
Exposition 43. or 7.
Art.7. Question of law, is
under real law, what
the will of the legislature,
judging from certain
words of it.
44. or. 8.
Art.8. Under fictitious
law, what in default of
relevant legislature's law,
may with most propriety
be made for the occasion
by the judge:
viz. as being most analogous
to the aggregate
rule of action, real and
fictitious (as thus) together.
45. or 9.
Art.9. Question of fact
absolute, is without regard
to degree: comparative,
concern & degree.
Degrees of quantity are
no otherwise determinately
expressible than
by numbers.
46. or 10.
Art.10. Example of scales
of quantity.
1. Money for compensation
or punishment.
2. Time, for chronical
punishment
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Ch. Quasi Jury Operative
S.3. Quasi-Jury Communicative Functions Of
47. or 11.
Art 11. Degrees of quality
are scarcely expressible
but through degrees of
quantity: namely by value,
as expressed in
money.
48. or 12.
Art.12. Question absolute,
answerable by yes or no:
comparative, by indication
of some number
in the scale in question.
49. or 13.
Art.13. In guilty or not
guilty, law and fact are
combined:
1. The law is so.
2. Defendant did or did
not positive or negative,
the act changed as a
transgression of the
law.
50. in 14.
Art.14. In conformity to
substantive, Adjective
Code, case penal or non
penal, will frame questions
proper to be considered
by judge and
Quasi Jury in each species
of cause.
51. or 15.
Art.15. Required by the
suit, penal or non penal,
is some service
at judge's hands.
To make reddition lawful
or obligatory, some
one in a corresponding
list of efficient causes
of right in pursuer's
favour, must be shown
to have place.
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Ch. Quasi Jury Operative
S.3. Quasi-Jury Communicative Functions
52. or 16.
Art.16. On Defendant's
side, what may have
place, is, this or that
one of a set of extinctive
causes with
relation to such right:
in Assertion of Pursuer's
right is contained,
expressly or virtually,
abstention of non-existence
of any such extinctive
cause.
53. or 17.
Art.17. Judge's service
demanded to either
1. Actual imposition of
a certain burthen on
Defendant or Pursuer's
benefit, or
2. Declaration of eventual
imposition of
certain burthens on
any person, by whom,
in case a right, the existence
of which is at
the same time declared
shall be.
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S. CommunicativeOperative Function
Law x Fact
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Identifier: | JB/034/062/001 "JB/" can not be assigned to a declared number type with value 34.
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1823-08-18 |
42 or 6 - 53 or 17 |
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034 |
procedure code |
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062 |
procedure exposition |
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001 |
quasi jury / commentative function |
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marginal summary sheet |
1 |
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recto |
d5 / e2 |
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jeremy bentham; john flowerdew colls |
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10336 |
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