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1824 March 19. 1825 Dec. 29. 1826 Nov. 7.
Constitutional Code
Ch. XVI Quasi Jury §. 1. Fields of Service.
Fields of Sevice 1. Local. 2. Logical.
Ch. XVI. Quasi-Jury.
§. 1. Fields of Service. This final Article being (17 Sept. 1828) inscribed
in Ch. XC. Judiciary XC §. 3 - Judicant functions will not be
here repeated only a reference made to it.
Expositive
Art. 1. By a Quasi Jury, understand an ever changing
body of assessors, convened from the body of the people, for the
purpose of
serving by the exercise given to their
functions, in the character of checks, applied to the power,
which
but for these and other checks, would
applied as per Ch. XII Judiciary collective
§. 32 Securities &c,
would be arbitrary, in the hands of
permanent Judges. For , By the name, it bears
reference to the judicial body called in English-bred law a
Jury,
the of which, without possessing the vitious
features, vicious features it is designed to
the beneficial influence.
Art. 2. Attached to every
Judicatory, whether Immediate or
Appellate is a Quasi Jury: coextensive with
that of the Judge is it's local field of service.
Enactive. Thus in penal cases: so in
non penal cases.
Enactive Art. 3. As, with the exceptions in this
section expressed as per Art. is it's logical field of
service.
Enactive
Expositive. Art. 4. The occasions for
it's service are of two sorts — principal and incidental: [ The
principal occasions,
are those on which the Recapitulatory
Enquiry or say recapitulatory
Examination, otherwise called the Quasi Trial, is
performed: for the incidental, see Art. 16.
Enactive
Expositive Art. 5. The recapitulatory examination
supposes the anterior existence of a different one: call this anterior
the Original
Enquiry or say Original Examination:
this, if,
of the
persons empowered, no one calls for a recapitulatory
examination, is the only one. It is
conducted by the Judge alone, without any check upon his
, other than his alone
being the imperative function: the Quasi Jurors
sharing with him in the exercise of the other elementary
judicial functions, as to which see Ch. XII
Judiciary Collectivity §. 9.
Enactive.
Exposition. Art. 6. The recapitulatory examination
is performed by the reexhibition, reconsideration, and if from sources
more than one, confrontation and comparison, of all exidence delivered on
the original examination: with or without evidence which on the
original inquiry was not, whether it could or could not be,
addressed. Art. 7.
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