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1823. Octr.16 Seen Decr 22
Constitutional Code or Procedure 1. Enactive Part Ch. Quasi Jury Trial
§. function §. Judge's recapitulation.
Art. 5. In virtue of this their function, and for their assistance in the formation
of a ground for the exercise of their opinative function, subsequently
to the conclusion of the recapitulatory examination
and antecedently to the delivery exercise of his definitive opinatively
decretive and imperatively decretive functions, the Judge
addresses to the Quasi Jury his recapitulatory statement.
Art. 6. Of the topics touched comprized upon the Judge's recapitulatory
statement examples are as follows –
I. On the pursuer's side of the suit.
1. His demand sample or that is to say the service
demanded by him at the hands of the Judge.
2. His ground in the field of law and whether real law or
fictitious law.
3. His found ground in the field of act: individual facts the existence of
which he asserts, as being being
o the title belonging to the class of facts which the
designated as giving to a person being of the
class of persons mentioned for that purpose of which
he says he is one, a title to the receive at the hands of
the Judge the service prayed, at the expence and charge
of the person or persons on the other side of the suit.
N.B. By the portion of law in question added to the
facts the existence of which is asserted is composed the
efficient cause of the Plaintiff's pursuers right or say title to the
service which he demands.
4. Evidence adduced by him in proof of the facts
so averad the existence of which at the times and places in
question were was asserted as above.
5. Arguments employed on the pursuer's side; namely
on the question of law, the question of fact, or both: arguments
having for their object the inducing the persuasion
that the import intended by the law is the import he ascribes
to it and that the facts of which he asserts the existence, did
at the time and place in question exist accord accordingly.
Identifier: | JB/034/210/001 "JB/" can not be assigned to a declared number type with value 34.
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jeremy bentham |
j whatman turkey mill 1822 |
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admiral pavel chichagov |
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