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