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1827. March Novr. 17
Constitutional CodeCh. XII. Judiciary Collectively
§. 22 Application to Unwritten law.
Art. To effect appears to have taken
the justice of the that an
should have place & will form accordingly an appropriate as in
– in as it would be proper to
a of
Instructional
Art. 7. On reporting such proposed enactment, the Judge will
attach the application of proceed as follows.
1. In such purpose portion of already existing law He will search for and find out such portion of any
of assignable he will propose the attendant of the such there be of really already and really existing law
so as in the field of legislation comes nearest to the
comprehending or coinciding with the subject matter of the
proposed rule, and
by appropriate indication
make application
of it accordingly.
2. If no such portion can be found, he will give to his proposed
enactment a substitution form and independent form, such
as it would wear if in the form of a proposed law introduced by
motion in the Legislature.
3. If so it be that having the report he he finds a
reports cause in the Books of Reports, he beholds reports of decisions, one or more, from which his enactment proposed enactment
is or contains what appears to him a well-grounded inference, he will state this
accordingly make declaration to this effect accordingly.
4. So If not he will declare as much no such Report has
been found by him. As to the effect
Art. 8. To so many comprehensive articles or set of articles
of Statute law embracing the point in question, has inadequate
a succedaneum an assemblage of patches, such
as those would compose, – still as far as they went
they would constitute a highly advantageous succedaneum
to the correspondent patches of that
is to say purely imaginary and fictitious laws: propositions framed
out of the source by each one of any number of different
persons persons, on each hand rules, in any number framed, each one in a shape adapted to his own particular
purposes, all of them accordingly liable on each occasion to be
each of them different from, and incompatible
with every other.
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