JB/041/157/001

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1824 March 24. 1825 Dec 29. 1826 Nov. 8.
Constitutional Code.
Ch. XVI. Quasi Jury.
§.3. Functions

Instructional. Ratiocinative.
Art. 10 13. Circumstances by the consideration
of which it may happen that in the mind
of the Legislator, operation a demand for the exercise of this same appeal instances institution of the restriction thus put upon the faculty of Appeal, may have
place, are as follows –

1. On the one hand, the magnitude of the mischief
of the offence.

2. The comparative multitude of offences and offenders
relation had to the cases at large. species of offence.

3. The comparative improbability, even of
prosecution, much more of conviction in the
case of a person compleatly innocent as to the sort
of offence charged.

4. The otherwise certain multitude of groundless
Appeals for the chance of ultimate impunity,
and the certainty of intermediate respite.

5. The exclusion, put⊞ ⊞ if put by the Penal Code, or upon the principles of the Code it would be, upon all punishment
productive of evil, in any shape, of a nature absolutely
irreparable and uncompensable; – for instance, death or loss of limb
if such be the caution or bodily organ, certain
extraordinary cases excepted.

6. On the other hand, the The unavoidable severity of the punishment,
notwithstanding the exclusion or all evil absolutely put upon
irreparable punishment productive of irreparable evil, as above. As to the effect to be given to
the exercise of this function, see the Penal Code and
the Procedure Code. So, as to the form of the instrument,
by which expression is given to it.

Instructional
Art. 14. In these cases such as the above it will be for the consideration
of the Legislature whether to authorize or no the
body to call in a Quasi Jury, it on the account of the
original inquiry, and thereupon before its termination are absolutely
without on the ground of that the one examination made
may before such Quasi Jury be an absolutely definitive chance: such evidence at only
as had be shortest before the mandate for the attendance
of the Quasi Jury had been issued.
Judge at this discretion, to mandate the make after the first initiatory application but one inquiry, and that before
a Quasi Jury, or to make two inquiries – namely the original
without a Jury and the recapitulating with a Jury, as in other
cases. The more simple the case appears in the initiatory application, especially in respect of the quantity
and quality of the evidence, the less will naturally be the demand for a
second inquiry examination in addition to the first.

Identifier: | JB/041/157/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1824-03-24	Marginal Summary Numbering
Box	041	Main Headings	Constitutional Code
Folio number	157	Info in main headings field	Constitutional Code
Image	001	Titles	Instructional - Ratiocinative
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	C2 / D14 / E5
Penner		Watermarks	J WHATMAN TURKEY MILL 1824
Marginals		Paper Producer	Jonathan Blenman
Corrections	Jeremy Bentham	Paper Produced in Year	1824
Notes public		ID Number	001
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