JB/042/243/001

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1831 June 26 ++ J
Constitutional Code Copd

Note (a)
Ch. XII. Judiciary collectively
§.3. Judicatories their grades

5

Note (a)

(a) Note that, under the system of procedure, what
the hereby established instituted judiciary establishment all along
bears reference to and supposes to be in existence, in no
case has the Judge above for the basis of his decision,
any portion mass piece of evidence other than which his that which
had been under present to the cognizance of the Judge below. This
supposed, for no expense can there, in the Judicatory above,
be any demand, other than that of obtaining professional argumentation
on the ground of that same evidence. For the eventual defraying
of that expense the finding adequate security,
should such be the pleasure mandate of the Judge below, may be
will may under that same system of procedure be a condition
to the allowance given to the operation act of of app making appeal
the Judge above will, in that case not take cognizance of any appeal
in the case of which the appropriate written instrument does
not contain a word or words of permission signal by the Judge below.

Throughout that section the whole tenor of this Code,
and thence throughout this Section in particular, a process the
existence of which is supposed to have place on the part of the
Judge, is — the making, on every occasion, in so far as in his
eyes the information in question is necessary to justice, enquiry
into the pecuniary circumstances of every individual, who
in any character whatsoever comes before him: for suppose
no such power to have place, denial of justice and infliction
coupled with, ex and aggravated by, exercise of oppression, —
may, instead of administering of justice, be the result.

Should th In point of fact, should the case be such that
in no judicatory as yet having existence under any government
any such power has place, on this supposition so it is that in
no judicatory as yet in existence is fulfilment given to the ends of justice[+]
[+] True it is, that, to an
amount more or less considerable,
evil will be
among the number of the
results of such enquiry:
but, by this undeniable fact
no reasonable objection
to the institution of such
enquiry will be opposed:
for, not less true is it
that, from beginning to end
the whole business of judication
[+] True it is that
an
considerable evil will
be among the results of


is but a choice of evils.

Identifier: | JB/042/243/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1831-06-26	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	243	Info in main headings field	constitutional code
Image	001	Titles	note (a)
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	"copd"	ID Number	13166
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