JB/042/190/001

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1826 Novr 1

Constitutional Code Ch. XII. Judiciary collectively
§.1. Excepted Judicatories
English practice

Judge Advocate

4
Art 7. Two other
Excepted Judicatories
styled in English practice
Audit Court & Court
of Claims

Art. 7.Two other sorts of Judicatories which are wont to
be regarded as Judicatories of Exceptor are then stiled
in English practice Audit Courts, and those stiled in the same practice Courts
of Claims.

5
Common cCharacteristic
difference from ordinary
judicatories common to
both the want of
a party

What then is peculiar in then to that in
that given as compared with other judicatories and common
to them as compared with one another is this. to wit that
in their organization there is a sort of imperfection in each wanting a conditione
situation being wanting which is commonly regarded as a necessary a constituent element
constantly existing and indispensable element in the composition
of a Judicatory. These are In the Court of cleric Model
Court, the element situation wanting to that of pursuer:
in the Court of Claims the situation wanting is that of
Defendant. In both cases the Not that in either case
the functions of the deficient situation remains constantly unperformed:
in both cases there is a functionary has place by
whom they ought to be, and at any rate are professed to be
with scrupulous exactness performed, and with more or less exactness
commonly are performed and that is the Judge, Without
a Judge the functions belonging to of judicature case not in the aggregate
be performed at all: they can not be either well performed or
ill performed. But without a pursuer distinct from the Judge
they are capable of being performed: and so without a Defendant
distinct from the Judge

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In Audit Courts, no
pursuer in Courts of
claims no Defendant

Judicature performed
in Audit Courts the calling
debtors to account the
question being whether
an sdmitted debt has
been discharged or not

Without a pursuer they are performed in the ca field
in English practice in this same Audit Court: the business of it
consists in calling a Debtors Debtor to account: the question being in every
case whether a debt which it is admitted he has incurred has been
discharged by him: if not the question decision be in the negativeaffirmative he is pronounced discharged discharged: and as adverse
proceeding against him can
be carried on: if the decision
be in the negative, he may
be proceeded upon by a demand
for satisfaction as in the ordinary case of an ordinary proceeding on a demand in the score of debts

Identifier: | JB/042/190/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1826-11-01	Marginal Summary Numbering	4-6
Box	042	Main Headings	constitutional code
Folio number	190	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e5
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13113
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