date

1823. Aug. 18. Jun. Dec. 23. Procedure
1823. Aug. 18. Jun. Dec. 23.

Procedure

II. Exposition

Ch. Quasi Jury ( )

Ch. Quasi Jury Operative

S.3. Quasi-Jury Communicative Functions Of

42. or 6. Communicative

Art.6. Occasion where Quasi Jury takes part. On a point of law or fact of law, or both, preannounced in writing, after parties heard, judge is to pronounce decision: previously or subsequently thereto, he propounded the point to Quasi Jury: they approve, propose a different one, or declined doing either

Exposition 43. or 7.

Art.7. Question of law, is under real law, what the will of the legislature, judging from certain words of it.

44. or. 8.

Art.8. Under fictitious law, what in default of relevant legislature's law, may with most propriety be made for the occasion by the judge: viz. as being most analogous to the aggregate rule of action, real and fictitious (as thus) together.

45. or 9.

Art.9. Question of fact absolute, is without regard to degree: comparative, concern & degree. Degrees of quantity are no otherwise determinately expressible than by numbers.

46. or 10.

Art.10. Example of scales of quantity. 1. Money for compensation or punishment. 2. Time, for chronical punishment

Ch. Quasi Jury Operative

S.3. Quasi-Jury Communicative Functions Of

47. or 11.

Art 11. Degrees of quality are scarcely expressible but through degrees of quantity: namely by value, as expressed in money.

48. or 12.

Art.12. Question absolute, answerable by yes or no: comparative, by indication of some number in the scale in question.

49. or 13.

Art.13. In guilty or not guilty, law and fact are combined: 1. The law is so. 2. Defendant did or did not positive or negative, the act changed as a transgression of the law.

50. in 14.

Art.14. In conformity to substantive, Adjective Code, case penal or non penal, will frame questions proper to be considered by judge and Quasi Jury in each species of cause.

51. or 15.

Art.15. Required by the suit, penal or non penal, is some service at judge's hands. To make reddition lawful or obligatory, some one in a corresponding list of efficient causes of right in pursuer's favour, must be shown to have place.

Ch. Quasi Jury Operative

S.3. Quasi-Jury Communicative Functions

52. or 16.

Art.16. On Defendant's side, what may have place, is, this or that one of a set of extinctive causes with relation to such right: in Assertion of Pursuer's right is contained, expressly or virtually, abstention of non-existence of any such extinctive cause.

53. or 17.

Art.17. Judge's service demanded to either 1. Actual imposition of a certain burthen on Defendant or Pursuer's benefit, or 2. Declaration of eventual imposition of certain burthens on any person, by whom, in case a right, the existence of which is at the same time declared shall be.

S. Communicative Operative Function

Law x Fact
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    Description: 1824 March 19 +

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    1. The auditors.

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    Art.2 Of these functions those exercised by each individual are

    all but the operative and appeal licencing: these, no otherwise

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    to Quasi Jurors and the Judge: the as to which see Ch.X.1.S.>

    of the Judges elementary functions the imperative

    and that above the Quasi belongs to him

    to the exclusion of , Quasi-Jurors.

    Art.4 1. Auditor function In the exercise of this their auditor function

    Quasi-Jurors they have all discourse capable of serving as

    grounds for the formation of the Judge's decrees; and moreover

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    to th share with the Judge in the running of all written or otherwise visibly expressed discourses, capable of survey as grounds for the formation of his decrees.
  • Title: [1823 Constitutional Code. Table]
    Description: 1823

    Constitutional Code.

    Table II. Containing what belongs to the Judiciary and Sub-Legislative...

    Ch. XI Judiciary Collectively S.1. Excepted Judicatories S.2. Actors on the Judicial Theatre S.3. Judiciary Functionaries S.4. Judicatories, their grades S.5. Number in a Judicatory S.6 Fields of Service. S.7. Intercommunity of Service S.8 Functions common to all S.9. Self-Suppolative Functions, or say Powers of Deputation S.10. Judges' Elementary functions. S.11. Judges' sedative function. S.12. Judges' aid-compelling function S.13. Judges' preinterpretive function. S.14. Judges' law-emendative function. S.15. Judges sististive or execution- staying function S.16. Justice for the Helpless S.17. Publicity-recordations and publication S.18. Sinister intercourse obivated. S.19.Incidental complaint book S.19. S.20. Partiality obivated S.21. Justice Chamber &c. S.22. Judges & S.23. Terms of service. S.24. Locable, where S.25. Located, by whom S.26. Dislocable how S.27. Securities for appropriate aptitude

    For attendance, remuneration and checks, see Ch. XI Judges Immediate and Ch. XXIII Judges Appellate

    Ch. XII Judges Immediate S.1. Attendance in ordinary S.2. Night attendance S.3. Outdoor attendance S.4. Remuneration S.5. Checks.

    Ch. XIII Judges Immediate Depute Permanent S.1. Field of service S.2. Relocation to principal S.3. Term of service S.4. Attendance S.5. Partialities obivated S.6. Remuneration S.7. Locable, who S.8. Dislocable, how. S.9. Checks. S.10. Inaugural Declaration.

    Ch. XIV Judges Immediate Depute Occasional S.1. Term of service. S.2. Locable, by whom S.3. Powers limited how. S.4. Remuneration S.5. Partialities obivated. S.6. Occasions of service. S.7. Checks.

    Ch.XV. Quasi Jury. S.1. Field of service. S.2. Composition and number. S.3. Functions. S.4. Located, how. S.5. Subsistence money S.6. Attendance. S.7. Remuneration. S.8. Habiliments S.9. Checks. S.10. Quasi-jury Minister Functions &c.

    Ch. XVI Judicial Visitors S.1. Who and wherefore S.2. Functions.

    Ch. XVII Government Advocates S.1. Field of service S.2. Relation to judge S.3. Functions in non- penal cases. S.4. Functions in purely public penal cases S.5. Functions in publico-private penal cases S.6. Functions as to offences against justice S.7. Money-acquiring function S.8. Power of Deputation S.9. Term of service S.10. Attendance S.11. Demuneration S.12. Migration S.13 Locable where S.14. Located, how. S.15. Dislocable, how. S.16. Checks. S.17. Inaugural Declaration.

    Ch. XVIII Government Advocate General S.1. Government Advocate General S.2. Government Advocate General's Registrar.

    Ch. XIX Advocates of the Helpless S.1. Fields of service S.2. Relations to judge S.3 Functions in non-penal cases S.4. Functions in purely public penal cases. S.5. Functions in publico-private penal cases. S.6. Money-acquiring function S.7. Power of Deputation. S.8. Term of service. S.9 Attendance. S.10. Remuneration. S.11 Migration S.12. Locable, who. S.13. Located, how. S.14. Dislocable, how. S.15. Checks. S.16. Inaugural Declaration.

    Ch. XX Immediate Registrars S.1. Fields of service. S.2. Relation to judge S.3. Functions in non penal cases S.4. Elementary functions. S.5. Minutation, how. S.6. Term of service S.7. Migration, none S.8. Attendance S.9 Remuneration. S.10. Partiality obviated S.11. Locable, who. S.12. Located, how. S.13. Dislocable, how. S.14. Checks. S.15. Inaugural Declaration.

    Ch.XXI Lawyers i.e. Professional Proxies and Assistants S.1. Class, one only. S.2. Locable, who. S.3. Capacity as to offices. S.4. Remuneration. S.5. Checks.
  • Title: [1823. Sept m. 1. Constitutional Code]
    Description: 1823. Sept m. 1.

    Constitutional Code.

    III. Rationale Questions.

    Ch. Quasi Jury

    S. Functions

    1.

    Qu.2. Why in each suit seek to render Jury authority co-extensive with Judge's d o.? Answer. Reasons. 1. As an answer to Question 1. If in one stage, in another; demand, same — so, temptations to Judge's probity. 2. Cause, why this extension may be given to the authority it's unobligatoriness.

    In complex causes, vast the danger to justice if the decisions of the experience and responsible Judge c d. on each occasion be frustrated by the will of a majority, or the whole of these unexperienced and irresponsible individuals.

    Trifling the utmost evil when, as here (except the allowing or disallowing appeal in certain criminal cases) no functions area allotted other than the auditive, interrogative & censorial.

    Ch. Quasi Jury

    S. Functions

    3.

    Anglicé, of all sittings by Judge or Subordinates, in which a suit comes on the carpet, only in one is a Jury introduced.

    4.

    Of this scantiness, in the delineation of all the effects, would be included a detailed statistic account of the Procedure System. For a general conception, few words may suffice.

    5.

    1. In non-penali - Jury power as to all but the quantum of compensation money, where any is given, is little less than absolutely subject to Judge's.

    He can frustrate pursuer's demand in all cases: Defendant's defence in many cases.

    6.

    2. Less so in penali. On the innocent, he can not drawn down punishment, but by the power of persuasion: as it's efficiency, the certainty.

    But to the guilty, he can give impunity in every case.