JB/044/066/002

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1823 Oct. 12
Constitutional CodeCh. Quasi Jury
§ Field of action service.

Art. 9. The Judge, by whom the Recapitulary examination
is performed shall he be person by whom the original
examination was performed, or a different one? Better a
different one: by a Judge Depute permanent suppose, the
original examination; by the Judge principal the recapitulation:
or by a Judge Depute occasional the original
examination; by a Judge Depute principal or the Judge
principal, the recapitulation in either of these cases, the
benefit of Appeal is obtained without the collateral evil
attached to Appeal to an Appellate Judicatory: namely
the delay vexation and expence produced by distance: by
the greater distance which will for the most part have place between
the Judicatory to which and the abodes of parties and
extraneous witnesses and Quasi Jurors: and a party who
regards regards himself as
as aggrieved by the result of the original examination
will in general be less apt to be restrained by the fear of giving offence
when the Judge with whose opinion and consequent order by whom in the recapitulary hearing the
he has himself not is decision is to be pronounced is not not the same
as he in relation to whom as to whose proceedings his
dissatisfaction has been expressed made manifest. On the other hand, it
may be that the requisition has had for its cause not
any dissatisfaction with relation to the having for its object the personal conduct
of the Judge but only the desire of seeing such light
thrown on the evidence, as by nothing but the a recapitulatory
examination such as that in question can be thrown upon
it: and in this case on the part of to the conception formed by the Judge a
correct in the recapitulatory examination, additional
clearness correctness and compleatness may frequently be
given by the recollection of what passed in the original examination.

Art. 10. To the Judge himself will belong the power
of instituting it performing a recapitulatory examination
antecedently to the pronuntiation of a dissenter imperative
degree or a definitive opinitive decree. If he do by him the
examination is declared, a party by whom eventually the requisition for a
recapitulatory examination
is not come eventually
to have been made, will
frequently find his advantage in
waiting for the Quasi Jury and imperative
decree: since it is only in
proportion as they have been made to him, were it a time-to-time
whether they to such an , or as he is satisfied with.

Identifier: | JB/044/066/002 "JB/" can not be assigned to a declared number type with value 44.
Date_1	1824-10-08	Marginal Summary Numbering	1-4
Box	044	Main Headings	constitutional code
Folio number	066	Info in main headings field	constitutional code or us
Image	002	Titles	rationale
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d7 / e1 / f54
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13851
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