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1823. Octr. 15 Seen Decr 22
Constitutional Code or Procedure 1. Enactive Part Ch. Quasi Jury Trial
§. Field of Service
Art. 10. The Judge does what in him lies towards to the
purpose of preventing the right of requiring a recapitulatory
examination from being employed by insincerity as engine
of delay as an instrument for the manufacture of delay
vexation or expense.
To this view if upon after upon completion of the examination
the requisition appears gives to such a degree groundless,
he imposes upon the requisitionist or requisitionists the parties concurring in the requisition
the burthen of making compensation for the damage res
produced by it in all shapes: if moreover it appears to
him that besides being in itself groundless it was the result in the mind of the requisitionist it had no other object than
of insincerity on the part of the requisitionist he
the production of useless delay and expense to the injury of the party
imposes in addition to the burthen ofany other party or parties the part requis it not even in the he imposes, in addition to the burthen of compensation,
on those on one whom in whose breasts the insincerity eyes of the requisitionist himself any tendency to produce or
secure rectitude of decision, here had place.
F A requisitionist is said to be accompanied with insincerity Insincerity has place where he himself not the nature
of the case being such that on the part of the individual in
question while any such belief as that by a recapitulatory
examination fact the evidence can be placed in a light in
any respect new is morally impossible, the this notwithstanding
the individual perseveres takes upon him in his making his requisition
notwithstanding.
Art. In this case The burthen of compensation for the damage
rests upon him by whom it the damage was produced: but the Quasi-Jury
if they think fit may in any proportion reduce
the ulterior punishment.
Identifier: | JB/034/200/001 "JB/" can not be assigned to a declared number type with value 34.
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constitutional code; procedure code |
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jeremy bentham |
j whatman turkey mill 1822 |
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admiral pavel chichagov |
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