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1824. March 19
Constitutional Code.
Ch. XV. Quasi-Jury
S.3 Functions.
Art. 13. VII. Appeal-licensing function. The
sort of occasion by which thus their function is called
into exercise is as follows. In the case between Consistent
are cases there appear to be, in which if a consequence of should Appeal be put without restrion
and the power of the defendant used of the exemption of
the sanction were delayed of course, until the decrees of the
Appellant Judicatory have been pronounced, and its sanction
of the Law given to the execution of the imperative decree Immediate Judicatory. method for execution
the certain evil of delay, vexation and expence, to
kindness imposed, and other actors in the judicial theatre, might
in the eyes of the Legislation outweigh the possible evil of effective
misdecision for want of such Appeal, if such Appeal
with consequent delay stay of execution, the Appeal were placed ap
absolutely within the power of the Defendant. In these cases
here it may happen that the Legislation may perhaps it is supposed think fit
to give the Quasi Jury the option of granting or refusing
their fact to the consequence <add>consequent</add> stay of execution in consequence
of the Appeal of any of Appeal shall have
been possessed declared. By the granting of such fiat the To then this Appeal becomes functions <add>exercise will</add>
in such case have b. been given by the granting of such thin
fiat.
For the enumeration of these cases see the Penal Code
under the kinds of the normal offences: normal kinds: and the Procedure Code under the head
of Quasi-Trial.
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