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.