JB/042/215/001

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1828 Sept. 16 ++ 14
Constitutional Code Copd

Ch. XII. Judiciary collectively
§.2. Actors

14

Instructional
Art. 22. Note here in conclusion, so far as regards
the direct ends of justice — (namely right decision
execution and effect given to the ordinances of the subst
main body of the law, to the exclusion of mischance
and non-decision) obviously necessary, exceptions excepted on each occasion is the attendance of the each party
is the presence of the party at the Judgment seat as often
as any operation by which his interest is affected, is performed
by the Judge. Sole exception the case when the party
whose interest is at stake. For in the present case
in the presence of the Judge; and this even when in the character of an Evidence holder it is not necessary
For these two, even when for the support
of neither either his own interest, nor or for that of the or of that of a party
on the other side: is his presence in the character of an the matter of fact not having either immediately
or through the inter of any other person in the character of an Evidence
holder come within
his view. For,
Evidence holder necessary: for on in the breast of every
such species of Judiciary Assistant, as above mentioned,
may be has place a sinister interest, conflicting with his duty the interest of the party
and thence with the Assistant's in his character of trustee
in the character of a trustee
of to which last mentioned interest it belongs to the Judge, in every case
to give the benefit of his care. but, throughout the whole
field of judicial procedure, a constant conflict has or
say antagonization, has place between the direct ends
of justice as above mentioned and the collateral, to wit that
namely minimization of delay, expence and vexation:
and, on which side shall be the claim to preference
will, depend in every each individual instance, depend upon
the circumstances of the individual case: of which circumstances
under the Procedure Code connected with this Code the Judge will provisionally form his conception
from the examination taken by him of the Applicant.
In the case Of a child, of an age inferior to the age of reason or in that
of a person in a state of compleat fatuity, no: the party
being in these cases, altogether incapable of by the supposition in a state of compleat
incapacity, as to the watching over his own interest. But, in these
cases
cases as in every case
the difference between
capacity and incapacity
depends upon degrees: and
delay expence and vexation and apart,
it belongs to the Judge,
to obtain on and for
the ground of his judgment
as to the degree,
the best evidence which the nature of the case affords: in which evidence can not but be included the testimony of his own senses.

Identifier: | JB/042/215/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1828-09-16	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	215	Info in main headings field	constitutional code
Image	001	Titles	instructional
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d14 / e14
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	"copd"	ID Number	13138
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