25 April 1805

Evidence

Ends

Ch.1

' 2

'.3 Preparatory

Explanation

Of suits that may be called bipartite there are two sorts One is where there is no plaintiff the function of plaintiff or prosecutor is /being/ performed by the Judge: or rather the enquiry being throughout carried on by the Judge of his own motion, and without waiting[?] to be applied to to carry it on at the instance of any person in the character of prosecutor or plaintiff. A suit of this kind is called a Judicial Enquiry. An Inquest - an Inquisition The species /system/ of procedure in so far as it is composed of such carried on in this mode is /has been/ called Inquisitorial procedure: and the defendANT WHERE THERE IS ONE IN MODERN[?] [...?] Inquisitors.(a) The mode of procedure is also called inquisitorial where a Judge /an officer/ or a set of Officers being armed with the requisite portion of judicial authority /power/ carry on of their own motion (i.e. without solicitation by any[?] person in[?] the character of a plaintiff) an enquiry in relation to any matter of fact, whether simple or to any degree of complexity, complex: the enquiry not having for its object the impressing upon any person any sort of obligation in the character of defendant.(a) 4(a) Examples 1. English Law. Proceedings of the Coroner /Coroners Inquest/, with his Jury, sitting on a dead body, to enquire into the cause of the death 2. Proceedings of a Committee of Enquiry appointed by either House of Parliament 3. Proceedings of Commissions of Enquiry, appointed ad hoc /on special occasions/ by [...?] of Parliament

3(a) Examples. Romans[?] - Gallic Law - Cases in which the Judge proceeds a [...?] [...?] office 2. In Romano-Germanic Law, the whole system of procedure called Inquisitorial, which seems in the penal branch to have not much less employment than its concurrent /the other/, termed the accusatorial. 3. In Romano-Anglican Law.