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1824. March 19. 1826 Dec 29. 1826 Nov. 8.
Constitutional Code.
Ch. XV: Quasi Jury
§.3. Functions.
Enactive. Instructional. Ratiocinative.
Art. 10 10. VII. Appeal licencing function. The
sort of occasion by which this their function is called
into exercise is as follows. Criminal cases there
appear to be, in which, if the execution of the sentence
were delayed of course, until the decrees of
the Appellate Judicatory have been pronounced
and it's sanction given to the execution of the imperative
decree of the Immediate Judicatory, the
certain evil of delay, vexation and expence, to
parties injured, and other actors in the judicial
theatre, might in the eyes of the legislature, outweigh
the possible evil of effective misdecision
for want of such Appeal, if with consequent stay
of execution, the Appeal were placed absolutely
within the power of the Defendant. In these
cases, the legislature may perhaps, it is supposed,
think fit to give to the Quasi Jury the option
of granting or refusing their fiat to the
consequent stay of execution, if whereby the defendant, declaration of Appeal that
have been declared made. To this their Appeal-licencing
function, exercise will in such cases
have been given by the granting grant or refusal of such their
fiat. Name of this fiat an Appeal licence.
fiat. On the signature of an Appeal-licence by the
Quasi Jury Jurors or a majority of them, the Judge will authorize
send up the Appeal in course, and stay execution accordingly:
on the refusal of it, he will cause execution to be made, as if no such licence had been prayed.
For the enumeration of those cases,
see the Penal Code under the heads of the several
offences: and the Procedure Code under
the head of Ch. XXVII. Quasi Trial.
Art. 13.
Identifier: | JB/041/155/001 "JB/" can not be assigned to a declared number type with value 41.
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Enactive Instructional Ratiocinative |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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D12 / E3 |
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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