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1831 Aug. 6
Constitutional Code. (1)
Ch. XV Judge Deputes Occasional
§. 3. Powers – Referees Deputable
or
§. 4. Referees deputable
☞ Or p.1. Field of Service –
to the Enactment.
Instructional. Ratiocinative
Art. 1. Arbitration is a species of arrangement, which
can not, under any Code, without very pernicious deficiency,
be left unprovided for.
In a Code, formed upon the principles of the present
one, true it is – that the frequency of the demand for the
application of it to practice will not, naturally speaking,
be near so great as under any as yet existing established
Code. Still however the demand for it will can not
be altogether superseded, the circumstances, by which the
demand is liable to be produced, will be mentioned
presently.
The more enormous the inaptitude of the Judicial
Establishment, and the system of Procedure accordingly
according to which it acts – the more unconducive
to the so often referred to Courts of Justice direct and collateral taken together
the greater more urgent of course the demand for a place of refuge set of hiding
places to which Astra may fly to in her distress. In English
Judge-made law the hostility of them both simplitude of the two so intimately
connected institution being preeminent – not to say
matchless, the urgency of the demand for Arbitration is of course
proportionable.
Only in the case where all parties in their own
estimation minds persuaded of their having right on their
side, has this species of judicature any application; for
to a party who is conscious of having wrong on his side, will see a same
imperfection in the existing system of procedure whatsoever it be
their sole resource.
Identifier: | JB/041/090/001 "JB/" can not be assigned to a declared number type with value 41.
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1831-08-06 |
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Constitutional Code |
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Constitutional Code |
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Instructional - Ratiocinative |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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J WHATMAN TURKEY MILL 1824 |
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Jonathan Blenman |
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