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2.
I. Enactive of th Exposition
Ch. Quasi Jury Examination
§ Suitable Field of Service
Ch. Quasi Jury
§ 2. Field of Service
Examinations continued
Art. 6. Recapitulatory
examination whence
performed: at Judge's
own motion, or at
the instance of a
party.
7. 22 or 9
Art. 7. If of his own motion,
either 1. for his
own instruction: or
2. for better satisfaction
of parties or public.
8. 23 or 10
Art. 8. If for his own
instruction, it is for
bringing together all
evidences bearing on
the same proof-demanding
fact, that from
collision, light may
ensue. See next page 9.
9. 24. or 1. Expositive
Petition below 𝓧 Appeal
Art. 9. Petition for recapitulatory
examination:
it's difference from
Appeal.
☞ Appeal – Both these columns
belong to Appeal
1823 Dec. 5.
1. Judicatory different:
thence, Judge necessarily
so: consequence, proportionable
delay, vexation
and expence here
avoided.
2. On Appeal, any one of divers courses may
be taken, as per Ch.
in this case, only this
one.
3. In Appeal, Judge necessarily
different: here,
not.
10. 25 or 2
Art. 10. Party requiring
sincere, and Judge
not distrusted, cause
of the requisition hope,
that with Quasi Jury, to
ensure more attentive
examination, Judge's decrees
will the second
time be more favorable
to him than the first.
---page break---
11. 26 or 1
Art. 11. Party insincere,
causes may have been
different.
Examples.
1. Material evidence examined:
at the original
examination, unexaminable
at the recapitualtory
do.
2. Of the recapitulatory delay,
vexation and expence,
insupportable to the other
side.
12. 27 or 2
Art. 12. By either fact, if
established, sufficient
ground may be found for
1. refuting recapitulatory,
or, 2. for causing read a
Quasi-Jury minute of
the Original examination.
13. 28 or 3.
Art. 13. By the requisitionist,
objection to the expence
may be removed
by his advancing the objector's
share.
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