JB/034/266/001

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1827. March 10 Nov. 19
Constitutional Code Ch. XIII Judiciary collectively
§. 22* Application to unwritten law

Instructional
Art. 3. Whatever in this way is done will be neither
more nor less than, upon a patch of an unbounded
surface of imaginary law putting here and there a
patch of real law: yet, forasmuch as in proportion to the extent to which
the process is carried on, a comparative degree of notoriety
will be given to the rule of action and disappointment with
its evils prevented, at the whatever is nothing of
a law is in this way done will be altogether without its use.

Instructional
Art. 4. The suits with reference to cases to which the operation when
performed will be apply are – not only the case of all future contingent
suits which but moreover what is so much better
those suits the case of future contingent courses of conduct without
such which may come to be thereafter carried on:
but moreover in such instances and in the meantime – the very individual suit – by
which the demand for coercion of the function or functions
in question is created. For, knowing that misdecision
he is about to pronounce
the eye of the legislator in the instance of
each one to which soever of the for functions, the exercise is given by him by him
the Judge knowing that the decision he is about to pronounce
to it will come under the eye of the Legislature: and
by the two of the functions allotted to him namely the eventually
and the pre-interpretetive all pretence
for putting upon the respective passages any meaning other
than that which from the mere view of the passages thereupon themselves
and of ordinary common understanding, amendment with
appropriate instruction would put upon those being done
away, the at present hitherto so extensively and unhappily
prevalent practice of strained and arbitrary interpretation
will, in proportion as the practice extended here proposed extends itself
to stand excluded.

Identifier: | JB/034/266/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1827-03-10	Marginal Summary Numbering	3-4
Box	034	Main Headings	constitutional code
Folio number	266	Info in main headings field	constitutional code
Image	001	Titles	instructional
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
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	10540
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