JB/030/014/001

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1824. August 8
Constitutional Code Ch. XII Judiciary Collectively Guardianship
§. Tutelary function

The boundless complexity of which in the class of cases
the subject of contestation is susceptible produces an irresistible
demand for special consideration.

In these several regard to all every one these several subjects
matters of fiduciary power so far as regards damage
by improper exercise or by want of exercise the competence
of the Judiciary authority to act and apply the appropriate
remedy is as clear in these cases as in any others.

Not altogether so its competence to exercise the collative
function: for in general that belongs not to Judges as such,
but to individuals at large. But where collation of a
power of this sort having been made or about to be made the
legality of it is become matter of dispute, the cognizance here
comes without dispute as appropriate a subject of contestation no less an appropriate than any other a subject of contestation as any other that
can be mentioned. But if it be desirable that in case of contestation
the Judicial authority should interfere and locate act, still
more so is it that it should do so with without contestation where there is no
contestation: that is to say without any of that delay, vexation
and expence from which the sort of operation so denominated
can in no case be altogether free.

Nor does the reason which has place in this case apply
to functi the case of official situations: for in that case special qualifications
with reference to the business of the situation, in one shape or other
in that case it necessary: it is therefore necessary that the location of a person
in such his situation should be the work of a person by to whom
the business nature of the business belonging to the situation is known
and who is responsible for the due execution of it: a sort of information
foreign to the business and situation of the Judge: and never in
those cases is there any want of a person authorized and in whatsoever
degree able willing at any rate to perform it.

Identifier: | JB/030/014/001 "JB/" can not be assigned to a declared number type with value 30.
Date_1	1824-08-08	Marginal Summary Numbering
Box	030	Main Headings	constitutional code
Folio number	014	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1823
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	9521
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