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1823 Sept 25 Dec 23
Constitutional Code or Procedure I. Enactive Part
Ch. Of the Quasi-Jury &c
§. 6 Appeal-warranting function.
† 54 or 1 18 as by Appeal
Art 11. From Sentence
for Indigent depredation
offence, Appeal none
without warrant from
Quasi Jury.
55 or 2.
Art 4. Indigent depredation
offences, what –
1. Neighbourhood's security
for property affected.
2. Mischief so great, dangerous
to trust an arbitrary
power of acquittal,
to a chance-constituted
body.
3. Necessary punishment
so great, dangerous in
Public opinion Tribunal's
eye to trust infliction
of it to a single
Judge.
4. Power of appeal, if
trusted to Defendants,
would, for certainty of
respite and chance of
acquittal, by all guilty
be used of course.
5. Number so great,
useless and burthensome
would be the encrease given
to vexation and expence
of pursuers; if, at the Appellate
Judicature, arguments
were heard anew,
still more to pursuers
and their witnesses, if
evidence were to be
heard anew.
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Ch. Of the Quasi-Jury &c
§. 6 Appeal-warranting function.
3.
56 or 3
Art 3. Indigent Depredation
Offences – Examples.
N.B. Adequate definitions
belong not to this place.
1. Fraudulent obtainmt.
with consent, procured
by deception, without
supposition of title.
2. Theft: caption, without
consent, supposition,
or pretence of title
to intention of distribution.
3. Robbery: caption by
force or obtainment
by consent extorted by
menace of immediate
or unpreventable injury to body or goods mine property
or a reputation.
4. Highway Robbery:
on a much frequented
Road or street, or
other public and open place.
5. Robbery, with Day
House breaking.
6. Robbery, with Night
house breaking.
7. Robbery, in conjunction with ⊞1 ⊞1 in the day or night
time, with or without
House breaking, Homicide,
preparatory, concomitant
or consequential:
preparatory for preventing
resistance, concomitant
for subduing
do.: consequential for
punishing do., or for
security against justice.
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Ch. Of the Quasi-Jury &c
§. 6 Appeal-warranting function.
4
57 or 4.
Art 12 4. Signed by Judge
Immediate, sentence,
with conviction, and
antecedent documents,
as is transmitted by Registrar
to do. of Appellate
Judicatory. There, it
waits Pub. Opin. Tribunal's
opinion – [One week(a)
elapses, unless returned
to Appellate Judicatory
for reversal or
alteration, Registrar
remitts it to Registrar:
execution follows of
course.
57(a) 12(a.) 4(a)
Instructions to legislator.
To the Legislator it
belongs to fix the length
of time, circumstances
considered, viz
1. Distance between the
Judicatories.
2. State of the local
means of communication.
3. Of the official – viz
vehicles or messengers.
† 58. 14 5.
Art 14. In such case,
power to Quasi Jury
to give warrant for
Appeal from conviction,
for alledged non-guiltiness.
59 or 15 6
Art 6. So, from sentence
for excess of
punishment.
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Ch. Of the Quasi-Jury &c
§. 6 Appeal-warranting function.
† 60 or 7 16.
Art 16. So, from acquittal
☞ Included in Opinative.
† 61 or 17.
Art 17. So, from sentence
for insufficiency of punishment.
☞ Included in Opinative
62 or 9. 18.
Art 18. For remedy to
difficulty & confusion
from inexperience, power
to party to call in
Pursuer or Defender
General to give apt
form to the appropriate
document.
63 or 19. 10
Art 19. In non-excepted
cases, Appeal optional
to any party, on giving
such indemnity for the
expence and vexation,
to every party to whose
prejudice appeal is
made.
64 or 20. 10 1
Art 10. As to Appeal, majority
suffices – number
always odd. See §. Composition
65 or 21. 11 12.
Art 11. Conviction and
sentence heard, if Quasi
Jury are not agreed, and
time for debate be asked
by any one of them, and no
other suit be on the list,
they retire to a debating
room, staying there as long
as they respectively please:
if there be another suit,
at the end of [15.] minutes,
the votes are counted, the
next suit is called on: if
then no other suit, the
sitting terminates.
66 or 13
To the Sentence, execution
is then given of course.
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Identifier: | JB/034/063/001 "JB/" can not be assigned to a declared number type with value 34.
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1823-09-25 |
54 or 1 - 57 or 4, 57a or 4a, 58 or 5 - 65 or 12 |
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034 |
procedure code |
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063 |
procedure enactive part |
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001 |
of the quasi jury / appeal-warranting function |
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marginal summary sheet |
1 |
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recto |
d6 / e1 |
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jeremy bentham; john flowerdew colls |
j whatman turkey mill 1822 |
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admiral pavel chichagov |
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1822 |
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10337 |
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