JB/034/265/001

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1827. March 10 No. 19
Constitutional Code Ch. XIII Judiciary collectively
§. 22* Application to Unwritten
viz. of functions contested & misinterpretation &c

§. 22* Application Application to Unwritten law: application to it of the
functions , contested interpretation ,
eventually commendation, executes a and
to his functions

Instructional
Art. 1. During an In every
country which has not the benefit of an all-comprehensive Code of what is called written law that is to say, of
the rule of action in its only actual and really existing state, during the continuance,
and in a certain proportion down to the completion
of the Code a correct work the alledged rule of
action remains in the state of what is called commonly
unwritten law: that is to say a rule an imaginary
rule of action, not as yet not brought into existence,
or say into esse, but remaining in posse in the
breasts of future Judges, by whom it will called be brought
into a falsely alledged existence as occasion calls:
its the authors in this case the creative authority
being in this case – not that of the legislature, unless it
be by a sort of negligence, sufferance, or connivance, but that
of the Judge or Judges by whom on instance the occasion of each
individual decision alledged to be grounded on it, reference
is made to it, and a position represented as constituting part and parcel of this same unwritten law, and in this position it is that the decision is professed to
be grounded. on it

Instructional
Art. 2. To lay as things remain in this state signal and
manifest is the disadvantage, at which if exercised if at all, the above mentioned
salutary functions can not but be performed exercised: at the
same time better it is in every accord – better it is that,
in so far as capable of being exercised, the exercised
respectively they should be, then left altogether unexercised.

Follows the mode in which, to each of them respectively,
exercise may be given.

Identifier: | JB/034/265/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1827-03-10	Marginal Summary Numbering	1-2
Box	034	Main Headings	constitutional code
Folio number	265	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1826
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1826
Notes public		ID Number	10539
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