JB/041/093/001

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1831 Aug. 8
Constitutional Code. (1)
Ch. XV Judge Deputes Occasional
§. 4. Referees deputable

Instructional
Shall the Power of applying coercion to the securing of
evidence. be given to the Power of applying coercion to the
purpose of securing execution.

Shall these To Deputes occasional be located by the
Judge. To Depute occasional located not by him but at the instance
of the parties.

Should these powers be power for the case these
powers be given conferred of course – should they be rendered capable
of being given by the Judge, subject in both cases to appeal
to the Judge against the exercise given to them

Or should they not be conferred, either by the enactment
or by the Judge, otherwise than upon express
application made on each instance by the Judge Depute
occasional or the Referees?

Numerous are the diversifications: and antecedently
to experience, to come to a decision as to the choice of them respectively
seems no easy matter.

By giving power to the Depute occasional as to
the Referees, at once, delay is secured: the delay that
would be produced by application to the Judge: and the correspondent
mode of justice is that to which this arrangement is most
favorable. By rendering the application necessary, injustice
by the undue exercise of the powers is more effectually
obviated: and the direct ends of justice are the ends of are the and correspondent to vexation
is the end of justice to which this arrangement is most favorable.

If the powers in question – or at any the power of
evidence securing power were not given otherwise than in consequence
of application made to the Judge, the public at large
might feel itself the more secure against abuse in the shape
of vexation: made by warning given of the eventual application
to the Judge, the effect of the actual possession of the coercive power in question
by the Depute occasional might in general be practiced.

Identifier: | JB/041/093/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1831-08-08	Marginal Summary Numbering
Box	041	Main Headings	Constitutional Code
Folio number	093	Info in main headings field	Constitutional Code
Image	001	Titles	Instructional
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	C1
Penner		Watermarks	STREET & Co 1830
Marginals	Jeremy Bentham	Paper Producer	Antonio Alcala Galiano
Corrections		Paper Produced in Year	1830
Notes public		ID Number	001
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