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[C2] Revised and corrected O 13 35
1824 Novr. 30.Ch. VI Judicial Applications
§.69. Proceedgs when secret
1.
Art. 1. If on the apprehension
of the Applicant,
the case be of
the number of those
in which, for some specific
purpose, secrecy
in reference to the other
actors on the judicial
theatre should for the
time be preserved,
he hands over to the
Judge a folded ticket,
in which the demand
for secrecy, together with
the ground of it, as herein per
Art. 2. after mentioned, is
expressed whereupon,
the Judge will, as he
sees best, either continue
the hearing in the public
Chamber, or transfer
it immediately to
the private Chamber:
taking with him the Applicant
and the officiating
Registrar
2.
Art. 2. Grounds for such
secrecy are as follows.
1. On the part of the
proposed Defendant,
danger of nonforthcomingness,
if the application
be known
to him.
2 So, on the part of a
desired witness.
3. So, on the part of a
proposed Defendant
abstraction of things
moveable to avoid
eventual prehension
whether for means of
probation, or for means
of execution.
4. Necessity or probability
of disclosures,
productive of damages to
reputation in respect of
sexual intercourse.
Ch. VI. Judicial Application
§.69. Proceedgs. when secret
2 contin'd
5. Necessity or probability
of discourse offensive
to modesty.
6. Necessity or probability
of the revelation of
facts the disclosure of
which might be prejudicial
to the community,
in respect of it's foreign
relations. See
Const. Code Ch. VL Legislative
§.12. Sittings public
and secret
3.
Art. 3. So, if in the course
of the conversation he
sees reason, the Judge
will transfer the hearing
from the public
to the private secret Chamber;
having care to retransfer
it to the public Chamber,
so soon as the need
of secrecy has no longer
place; and so toties quoties.
4.
Art. 4. If by a party on
either side, demand be
made for a recapitulatory
enquiry, secrecy or
publicity may again be demanded
by that same
or any other party on
either side, thereupon,
the Judge will do as he
sees best, taking care
lest, intentionally or
unintentionally, secrecy
be broken in the
course of the demands.
Ch. VI Judicial Application
§.69. Proceedgs. when secret
5.
Art. 5. If in the case
of secrecy on the ground
of damage to reputation,
as above per Art. 2. the injunction
of the Judge
be broken, the offender
will be responsible,
satisfactionally and
punitionally responsible; and as
for malice or temerity,
as the case may be
and the truth of the
imputation will not
be received either in
justification or extenuation
Ch. Judicial Application
§.69. Proceedgs when secret
Identifier: | JB/052/241/001 "JB/" can not be assigned to a declared number type with value 52.
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procedure code |
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procedure code applicatn only |
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ch. vii judicial application / proceedgs when secret |
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marginal summary sheet |
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[[notes_public::"revised and corrected" [note in bentham's hand]]] |
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