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1823. Octr 16
Constitutional Code I. Enactive Part Ch. Quasi Jury
§. Interrogative function
§. 5. Interrogative function – effect given to the exercise of it
II. Expositive
Art. 1. The interrogative function is the imperative
applied to this particular purpose: namely the extraction of
discourse of the assertive kind in relation to a subject matter at the same time stated, from the individual to whom the
interrogation or say the question is addressed.
Art. 2. Correspondent to the interrogative function in
the one part is the responsive function or service in the other: if an exercise
of the interrogative function in the one part the object is to
produce cause make an exercise of the responsive function on the other.
Art. 3. To render obligatory the exercise of the
correspondent responsive function, the following are the negative
qualities which must have place on the part of the
discourse uttered in the exercise of the interrogative
function.
1. It must be relevant: – it must not be irrelevant bear some
assignable relation to the matter in question; it must not be altogether irrelevant.
It must be apt: it must be such that an answer given to it, may eventually
in some way or other be conducive to the ends of
judicature: – it must not be frivolous.
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