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1824 July 11
Constitutional Code Ch. XII Judiciary collectively
S.1822 Presularprelaters function
Instruction to the Legislator
Quere?Art On this occasion the Legislature will be proper not
only unable to the use but proposed against such abuse in
which by the nature of the case the exercise of this function has
exposed
The Uses it may be of - Examples.
1. To preserve Preserving men in general and preparatory in particular from being by fear of literate from the increase of private power
which it might be of advantage for them to exercise as in the
case of a landed prop the form the exer ting applying his hand to
some use to which it might be applied to advantage: in the case
of an interest which one persons wishes to buy and unable to sell in the one to
enableenabling the would be allow to obtain the money be stand in and
of, on the other hand to save the would-be purchaser from the
less consequent upon his parting with his money for an estate
which he would not be able to keep or make any use of
- not the expenceIn a word providing for the continual melioration of the Law<add>kind of action willing of litigation and the disappointments as one or other the suit asthe situation of
Of the labour in which it stands of which it might be Examples ing consequences
of it.
1. An individual By a partial statement, an individual, in the
character of a consultant, obtain from the Judge and through him
from the Legislature a declaration of alteration operating to the prejudice
of the interest of some other party individual private
semi public or public
2. The Judge, intending or not intending to juror an individual
at the expence, justice takes upon him the exercise of the spontaneously ration
-suggestive practice: and this exercise to the amendment the Legislator misled either by the
reasons or by the authority of the Judge giving its adopting
3. At he expence of an applicant the judge, or the Public Reserve or the
Public Defender as the case may be, may obtain remuneration for the use made of the might of their authority
with the Legislature
Answer 1. of the
of such remuneration neither
interdiction in this case as in
that of any other
2. As any other The ears
and eyes of the Legislature
being open to application
from the individual as for
the functionary, there seems
little danger that for so
slight and unmeasurable an
advantage an individual would expose himself a refraction: still less that he should succeed.
If it be occur and on the one hand that by the exercise of these powers
by the Judge and Legislature the interest of pers individuals at large
may for want of due virtue be made to suffer injury, this objection
such as it is up or no other than what applies to the exercise
of Legislature in general: for the Legislation in any part contain
in a Code of Law to hear argumentation from all person whose interest
are liable to be affected by it is plainly impossible. In the Against superior
in question, in addition to the case of the Legislature, parties interested have
the care of the Judges
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instructions to the legislator |
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