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JB/052/241/001

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[C2] Revised and corrected O 13 35

1824 Novr. 30.
Procedure Code Applicatn only Ch. VI Judicial Application

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.


---page break---

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.


---page break---

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


---page break---

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.

Date_1

1824-11-30

Marginal Summary Numbering

1-5

Box

052

Main Headings

procedure code

Folio number

241

Info in main headings field

procedure code applicatn only

Image

001

Titles

ch. vii judicial application / proceedgs when secret

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d13 / f35

Penner

john flowerdew colls

Watermarks

Marginals

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

Notes public

[[notes_public::"revised and corrected" [note in bentham's hand]]]

ID Number

16914

Box Contents

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