JB/042/457/001

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1824. July 17
Constitutional Code.

iv
Ch. XII Judiciary collectively
(3 §.16 Emendatory
§17 Meliorative Sistitive
§18 Preinterpretative

8
Art. 8. Here then are
two rules in one or
other, of which, in every
case of imperfection, real
or imagined, of the two
the Judge conduct will
split, unless some
course be found by
which he can steer
between them.

Such course may it
is hoped be found in the observance
of the following
rules: Rule of Instruction
from constituted Judge.

One the one hand then here is a Scylla; on the other a Charybdis:
and between them no mode of showing him any choices
yet been employed. But the nature of the case does not seem
to have denied all remedy so hard as to have put an absolute negative upon a
one appropriate and to a considerable degree efficient effective remedy.

9
Art. 9. rule
of obedience. How
promiscuous so ever the
law appears to you, give declare
issue your obedience. Ground in it accordingly such imperative
decree as is calculate
to give to it the compleat
execution and effect.

Instructions to the Judge

Article 1
Rule 1. of compleat/ manifesting constitutional obedience
Rule 1. In every individual instance be the of law
as it stands, in your opinion in its character every so plainly and highly pernicious,
ground such imperative decree degree as the words of it, according to the
most unaltered correct interpretation that can be put upon it, all
for in your hands. Manifestation has then been made by
you of that constitutional obedience compliance which the constitution
has made your duty in every to pay.

10
Art. 10. Rule 2. Rule Temporary
for the application of a temporary remedial rule.
remedy Conclude
unless and untill you know
to the contrary, that had
the Legislature seen the evil
you see, it would have
substituted to the words
productive of the evil
words by which it would
have been excluded. Propose
therefore for consideration
words suitable to that
purpose with a proposed
succedanaeous decree
grounded in them.

Declare accordingly the
presumed unintended decree
stayed, till the will of the
Registrar has been made
known.

Rule 2. that applying a temporary remedy Notwithstanding the business of the law in this particular
instance, you will most probably be of opinion that and in any case
you will be justifiable in acting on, if it was your opinion, what
on presumption of the mischief that would ensue from the enaction
of the law in the particular instance, it will be more acceptable
to the Legislature, so long as their authority remains uncontested
and instructs that it should not them that it should
recuse its execution. On this supposition, having the constitution
for your warrant, stop with your own hand the
execution of the imperative decree which in your opinion it has been your
duty to issue. Stop it Order it to remain without exception
till the conclusion expiration of a time by the end of which the will of the Legislature
on the subject will have been manifested.

At the same time add a succedanaeous imperative
decree expressive of that which it appears to you that the justice
of the case requires at your hands.

Identifier: | JB/042/457/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-17	Marginal Summary Numbering	8-10
Box	042	Main Headings	constitutional code
Folio number	457	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13380
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