xml:lang="en" lang="en" dir="ltr">

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts

JB/041/325/001

Jump to: navigation, search
Completed

'Click Here To Edit

1823. Oct. 31
Constitutional Code or Procedure

Ch. Appellate Judges
§ 3 Options and Functions as to Duties Parties

57 1.
Art 1. Exceptions excepted,
on no ground exterior
to the Record,
can Appellate Judicatory's
decrees opinative
or imperative be
grounded: particularly
on no other evidence.

58 2.
Art 2. Exceptions.
1. Fact too notorious
to need evidence has
escaped Immediate's
attention: Result, confirmation,
mention
of such fact is optional;
Result reversal or
modificative, mention
is needful.

59. 3.
Art 3. Record avowed.
Registrar makes entry
same day in Register,
and in a list, in conspicuous
characters
kept in a conspicuous
part of the Justice Chamber.

60. 4.
Operations one or other
performed by Appellate
as to decrees opinative
and imperative, of
Immediate.
1. Retromissive, with confirmation
of both.
2. Retromissive, with modification
of body: reasons given: to the tenor
of both, tenor of another
substituted: with indications
of the points
of agreement and difference:
reasons given.

61 5.
Art 5. Retention in effect
is from receipt day to retromissive
do.. After a
time as per Procedure Code,
non-retromission is ground
for petitions for dispatch by
party on either side to Just. Minister.


---page break---

Ch. Appellate Judge
§. Options as to Duties Decrees Parties

62 6.
Art 6. Retention declared
or undeclared,
follow, if any thing, one
or other of the decrees
following.
1. Imperative, for further
argument.
2. Imperative, for further
evidence specified.
3. Imperative for further
recapitulatory examination.

63 7.
Art 7. If, for further argument,
at the Appellate
is argument heard,
whereupon follows one
or other of the above operations,
as per Art 4.

64 8.
Art 8. If for further evidence,
at some other
Immediate Judicatory,
in the same district:
ground of choice, minimization
of delay,
vexation and expence
to parties and witnesses,
pecuniary & other
circumstances of each
taken into account, by
choice of least remote:
unless for avoidance
of partiality, thence
misdecision, some
more remote do. be preferred.

65 9.
Art 9. With order for
fresh argument, goes
fixation of fee of professional
Advocates, if
any: the same, for both
sides: both provisionally
advanced by Appellant:
Subject to modifications
settled by Appellant
on pronouncing decrees;
or referred by
him


---page break---

Ch. Appellate Judges
§ 3 Options as to Decrees Parties

65 9. contind.
him to Immediate
if necessary, for ascertaining
parties pecuniary
circumstances,
absolute and comparative.

66 10.
Art 10. Per general rule,
circumstances provisionally
presumed
equal: but at the instance
of a party on
either side, the difference
to be made
on this score may
be examined into.

67 11.
Art 11. So, in case of
petition for dispatch
generally: petition
from suitor in Immediate
to Appellate
for order for dispatch
to Immediate.

68 12.
Art 12. So in case of
Petition for supply of
evidence in pursuance
of complaint
of suppression of evidence:
namely, of
some particular article,
or mass indicated
and obtainable.


Identifier: | JB/041/325/001
"JB/" can not be assigned to a declared number type with value 41.

Date_1

1823-10-31

Marginal Summary Numbering

[[marginal_summary_numbering::57 [or] 1 - 68 [or] 12]]

Box

041

Main Headings

Constitutional Code; Procedure Code

Folio number

325

Info in main headings field

Constitutional Code or Procedure

Image

001

Titles

Appellate Judges / and Function / Options as to Parties

Category

Marginal summary sheet

Number of Pages

1

Recto/Verso

"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.

Page Numbering

D7 / E1

Penner

Watermarks

J WHATMAN TURKEY MILL 1822

Marginals

Paper Producer

Jonathan Blenman

Corrections

Jeremy Bentham

Paper Produced in Year

1822

Notes public

ID Number

001

Box Contents

UCL Home » Transcribe Bentham » Transcription Desk