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<del><gap/></del> sort of occasion by which thus their function is called<lb/> | <del><gap/></del> sort of occasion by which thus their function is called<lb/> | ||
into exercise is as follows. <del>In the case between</del> <unclear>Consistent</unclear><lb/> | into exercise is as follows. <del>In the case between</del> <unclear>Consistent</unclear><lb/> | ||
<del><gap/> are</del><add>cases there appear to be,</add> in which <add><del>of a consequence of</del></add> <del>should Appeal be put without</del> <unclear> | <del><gap/> are</del><add>cases there appear to be,</add> in which <add><del>of a consequence of</del></add> <del>should Appeal be put without</del> <unclear>restr<del>ion</del></unclear><lb/> | ||
<del>and the power of the defendent used</del> <add>of</add> the exemption of<lb/> | <del>and the power of the defendent used</del> <add>of</add> the exemption of<lb/> | ||
the sanction were delayed of course, until the decrees of the<lb/> | the sanction were delayed of course, until the decrees of the<lb/> | ||
Appellant Judicatory have been pronounced, and <add><del>its <gap/> sanction</del></add> <del><gap/> <gap/></del><add><del><gap/></del></add><lb/> | Appellant Judicatory have been pronounced, and <add><del>its <gap/> sanction</del></add> <del><gap/> <gap/></del><add><del><gap/></del></add><lb/> | ||
of the <del>Law</del><add | of the <del>Law</del><add>given to the execution of the imperative decree</add> Immediate Judicatory. <del><gap/> method for execution</del> <lb/> the certain evil of delay, vexation and <unclear>expence</unclear>, to<lb/> | ||
< | <unclear>kindness</unclear> imposed, and other actors in the judicial theatre, might<lb/> | ||
in the eyes of the Legislation outweigh the possible evil of effective<lb/> | in the eyes of the Legislation outweigh the possible evil of effective<lb/> | ||
<unclear>misdecision</unclear> for want of such Appeal, if <del>such Appeal</del><lb/> | <unclear>misdecision</unclear> for want of such Appeal, if <del>such Appeal</del><lb/> | ||
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absolutely within the power of the Defendant. In these cases<lb/> | absolutely within the power of the Defendant. In these cases<lb/> | ||
<del><gap/> it may happen that</del> the Legislation may <add>perhaps it is supposed</add> think fit <lb/> | <del><gap/> it may happen that</del> the Legislation may <add>perhaps it is supposed</add> think fit <lb/> | ||
to give the Quasi Jury the option of granting or refusing their <hi rend="underline">fact</hi> to the <del><gap/></del><add><add><gap/></add><add>consequent</add> stay of execution <add><del><gap/></del></add> in consequence<lb/> | to give the Quasi Jury the option of granting or refusing <lb/> | ||
their <hi rend="underline">fact</hi> to the <del><gap/></del><add><add><gap/></add><add>consequent</add> stay of execution <add><del><gap/></del></add> in consequence<lb/> | |||
of the Appeal <del><gap/></del> <del>of any</del> of Appeal shall have<lb/> | of the Appeal <del><gap/></del> <del>of any</del> of Appeal shall have<lb/> | ||
been <del><gap/></del><add>declared</add>. <del>By <gap/> the granting of such first the <gap/></del><add>To then this Appeal becomes functions <del><gap/></del><add>exercise</add><add>will</add><lb/> | been <del><gap/></del><add>declared</add>. <del>By <gap/> the granting of such first the <gap/></del><add>To then this Appeal becomes functions <del><gap/></del><add>exercise</add><add>will</add><lb/> | ||
in such case have<add>b</add>. been given by the granting of such thin<gap/><lb/> | in such case have<add>b</add>. been given by the granting of such thin<gap/><lb/> | ||
<hi rend="underline">first</hi>.<lb/></p> | <hi rend="underline"><unclear>first</unclear></hi>.<lb/></p> | ||
<p>For the enumeration of these cases see the Penal Code<lb/> | <p>For the enumeration of these cases see the Penal Code<lb/> |
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1824. March 19
Constitutional Code. Ch. XV. Quasi-Jury
S.3 Functions.
Art. 13. VII. Appeal-licensing function. The
sort of occasion by which thus their function is called
into exercise is as follows. In the case between Consistent
arecases there appear to be, in which of a consequence of should Appeal be put without restrion
and the power of the defendent used of the exemption of
the sanction were delayed of course, until the decrees of the
Appellant Judicatory have been pronounced, and its sanction
of the Lawgiven to the execution of the imperative decree Immediate Judicatory. method for execution
the certain evil of delay, vexation and expence, to
kindness imposed, and other actors in the judicial theatre, might
in the eyes of the Legislation outweigh the possible evil of effective
misdecision for want of such Appeal, if such Appeal
with consequent delay stay of execution, the Appeal were placed ap
absolutely within the power of the Defendant. In these cases
it may happen that the Legislation may perhaps it is supposed think fit
to give the Quasi Jury the option of granting or refusing
their fact to the <add>consequent stay of execution in consequence
of the Appeal of any of Appeal shall have
been declared. By the granting of such first the To then this Appeal becomes functions <add>exercisewill
in such case haveb. been given by the granting of such thin
first.
For the enumeration of these cases see the Penal Code
under the kinds of the normal offences: normal kinds: and the Procedure Code under the head
of Quasi-Trial.
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