JB/034/204/001

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1823. Octr. 18 Decr 22
Constitutional Code or Procedure 1. Enactive Part Ch. Quasi Jury Trial
§. 2. Field of Service

1st Instructions to the Judge?

Art. 7 If it be at the motion of a party that the
recapitulatory examination trial is performed, it will be for such motion
of the party is sincere and the Judge not an object of his distress will have had for its cause a hope that when
with a Quasi Jury to ensure a more attentive consideration the
Judge has given it furnished his mind with this ulterior stock of
instruction, his decrees will on this second occasion be more favourable
to the party than they were at on the first.

Art. 8 If the party be insincere the desire and act in
question may have had other causes. Examples are – 1. a material
evidence who ever which had been unfavourable to his side of the suit favourable to a party on the other side is now no
longer forthcoming: 2. the delay vexation and expense inseparable
from such ulterior examination is such asto the adverse the party on
the other side would not be be unsupportable in a condition to support.

Art. 9 Supposing this point established first of these
cases to have place, the fact the fact in question being ascertained it may
constitute a sufficient ground for refusing the recapitulatory examination:
or rather for receiving on the occasion of this second examination the
minute of the evidence testimony delivered on the former occasion in lieu
of a second the oral examination of the same witness performed in the
course of the recapitulatory examination.

Art. 10. Supposing it established that the party Art. 10. If by a party on either side the performance
of the recapitulatory examination be objected to, on the ground
of his being unable to defray the ulterior expence, this may be a
sufficient reason for the refusal of it, unless such ulterior the
party or parties requesting it will provisionally take to upon themselves the expence
and make compensation for the vexation and delay and
vexation in other shapes.

Identifier: | JB/034/204/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-10-18	Marginal Summary Numbering	10-13
Box	034	Main Headings	constitutional code; procedure code
Folio number	204	Info in main headings field	or procedure enactive part
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10478
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