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1828 Sept. 12. 5
Constitutional Code
Note
Ch. XII. Judiciary collectively
§.2. Actors in the Judicial theatre
5
Copd
Instructional
Art. 3. In the Of the sorts of services
performed by a Judge as such, the most ordinary is that
which consists in taking a cognizance of a suit at law(a) at
its commencement: and thereto giving continuance and termination
as to him seems meet.
But to this same functionary performer acting as such application
not only requires to be made, but, in ordinary course is actually
wont to be made for other purposes. Application and applicant
are therefore appellations which require to be brought
forward in the first instance antecedently to suit and suitor
Instructional Expositive
Art. On such Sides in a suit, two — the Pursuers
and the Defendants. In some instances there have been said
to be three But the three will be found it is in every case find reduction.
Be the individual who he may, he will to the eyes
of the Judge present himself as that that which the service
which is applied for to shall be rendered, or he is not: if yes, his
station is on the pursuers side; if not, on the defendants
side.
Note (a)
(a) To An appellation customarily employed — in the English language
in particular as synonymous to a suit, is a cause: but
such is the ambiguity resulting from the other import — the logical
or as some would say the metaphysical import given to this same
word, that throughout the present work it has seemed advisable to
abstain from giving any employment to it. Suit has for its conjugates
to sue, to pursue, Suer —Pursuer, Pursuit: cause, employed in this sense, has no such conjugates
Identifier: | JB/042/205/001 "JB/" can not be assigned to a declared number type with value 42.
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jeremy bentham |
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arthur moore; richard doane |
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