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Ch. XVI Jury Ch. XII Judiciary collectively
(2 §.22 Preinterpretative
function
Addendum March 27
1826
Report 1. Attendance who: 2. time
stop may go in any
so as be not stopt. Or If be
Art. For the penal penalty sanction in this case
see the Penal Code. In of the
above component to the thereby overburthened ,
for any such days days
Instructional (2) (2) 9
Judges Interpretative function
Art. 9. So, where, no for the case in question, no provision
appears to have been made in any part of the law:
in this case, the subject matter of interpretation will be —
not this or that particular article of the law but
the whole body of the law taken together.
Penal Code
Means of repression
(4)
If the wrongdoer he and the party injured — the deceased two have
both of them, dependants, whether by nature or adoption,
division of the property of the wrongdoer among them
in the proportion indicated by the quarrel into money
compensation.
(2)
2. Plea. Courage manifested: courage
Answer: More mischievous his than useful insofar
It divides the society into by rules, and shews
of those same by result.
Causes of Duelling continued (3)
The means of redress here employed requires the
enacting of the parties face to face in the presence of the Judge
with free and mutual interrogation and counterinterrogation.
But in this case as in all others this proceeding is which a he
stands opposed by the original and still continued actual end of the actual system of
judicature: to wit emolument of lawyers official
and professional at the expence of justice.
(6)
Repression Other persons speaking of another slightingly
for recourse to justice instead of challenging, deal with as
accomplices.
(7)
Prisoner banishment Justified
Prisoner Banishment retribution
Challenger or Prisoner
banished
(8)
Challenge for a liar
The Challenger banishes
the true accomplice not
only from his (the Challengers)
presence but from the presence
of all who prated
in the vulgar case.
(1)
1. Place for Challenging.
it prevents quarrels in
association.
Answer. It substitutes
to alternate in equal part
tyranny to a greater extent
for by the power it imposes
on the injured it gives a
bounty upon injury, and
thus maximizes the extent
of it.
Prospect of Efficiency
(5)
Repression Duellers that kill not,
prosecution by Gov. Advocate,
and banish. And they may
not exhibit their prowess and
bragg over their Duellists.
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