JB/041/491/001

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1831 Sept. 16
Constitutional CodeCh. XXV Justice Minister
§. 5. Dispunitive
(5) (4)

Instructional continued

Art. 23. In the third of those cases the authority by which the remission of the punishment
and the virtual though indirect exercise of legislative
dispunitive power is exercised, is the as above mentioned the
functionaries. The authority by which
as above mentioned, this part is exercised, in the judiciary.
Judicature In this way, the evil capable of being produced
and which in certain countries, in England more particularly while these pages are writing actually continues to be
produced by it, is altogether and will fill such as will can not but excite the
with astonishment the in of succeeding again generations. The simple word
void, is its synonym the compound word null-and-void
is the instrument by which the effect – this is produced –
the impunity conferred. For the pronuntiation of this word,
some pretext is always made, but no pretext is too
frivolous to serve be employed and serve. In the original writing or copying
of a written instrument, for example, a in one of the words
made by Act a Clerk the general a letter which ought to have been inserted is one that not inserted, or a
letter which ought not to have been inserted , is inserted. – by
the Clerk. On this ground, without any other – without
any the least regard to the difference innocence and guilt, be the crime
ever so atrocious, the criminal, after the most undoubted
proof of his guilt, receives in this way impunity from the hands of the Judge; impunity
and is turned by him loose into society, to continue go on and
to his cases of add crime to crime.

Instructional
Art. 24. So much for impunity, now as to corruption. Among the
The scribes, by which whom these instruments
are written are men whose remuneration, and pecuniary circumstances are
of the lowest order grade, and in whom a bribe to a given amount
would accordingly operate with the highest degree of force. Instances
Of impunity thus conferred, instances are frequent; and the wonder
is that they are not more frequent.⊞ ⊞ In such a state of things whenever it happens that a criminal who If it ever happens that a criminal who their not being
can command a few pounds suffers the punishment appointed by the law
more so, it is not, to the legislature, nor to the Judges, but to
the maladroitness of the criminals, or the tem probity
or timidity of writing clerks Lawyers and Lawyer's Clerks
that the thanks are due.

Art. 25. As often, as, in this way, remission of punishment takes place
Legislative power is thus usurped;
and the usurpers are – the draughtsmen on whom the apti
instrument depends for its aptitude, and the Judge who on
so frivolous a pretext, sets himself above the legislature, the overrules its declared will, and frustrates its design.

Identifier: | JB/041/491/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1831-09-16	Marginal Summary Numbering	23-25
Box	041	Main Headings	Constitutional Code
Folio number	491	Info in main headings field	Constitutional Code
Image	001	Titles	Instructional continued
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	C5 / C4 / E19
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	001
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