JB/055/237/001

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1823. Octr. 21
Constitutional Code or Procedure I. Enactive PartCh.Continuances Quasi Trial
§. 1. of Continuances – cause of

Art. 7. Whence and by: Every judicial hearing is either
1. initiative 2. continuative or 3. terminative.

Art. 8. Saving some special justificative causes of continuances When, by the
an initiative hearing, a suit has been begun, it ought at
that same hearing to be terminated by the appropriate
pair of terminative decrees, opinative and imperative:
saving some special justificative cause of continuance.

Art. 9 Of justificative causes of continuance examples
are the following. To compleat perfect the list belong to the
penal and non-penal Codes.

1. On the question of Law, the Judge as yet unable
to form a terminative opinion.

2. On a question of fact, a piece of evidence,
believed to be relevant, material, and attainable, not
yet attained, nor attainable.

3. The suit complex in it's nature, and the elementary component
parts ingredients, cognizance whereof is necessary to rectitude
of decision by the terminative decrees, have not all
as yet been present to the cognizance of the Judge.

Art. Of the causes of complexity in a suit non-penal
and penal, examples are as follows. (See next page.) To compleat
the list, will belong to the non-penal and penal Codes.

Art. In relation to the receipt and extraction
of evidence, the general rules are these.

1. On the score of security against misdecision,
no piece of evidence ought to be refused to be received,
or refused to be extracted.

2. On the score of preponderant evil in the shape
of delay, vexation and expence, any piece of evidence
may be refused to be received, or refused to be extracted.
To take the account of evil on both sides, viz.
evil from the suppression of the evidence, and the evil from
the delay, vexation and expence necessary to the reception or extraction
of it will belongs in each individual case belong to the Judge.

Identifier: | JB/055/237/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-10-21	Marginal Summary Numbering	or 7 - or 9, or 11 - or 12
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	237	Info in main headings field	or Procedure I Enactive Part
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C1 / E1
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17958
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