JB/042/483/001

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4. Sistitivefunction. while on all succeeding occasions the
benefit of the melioration is in this way given to the
of all succeeding it were hard if the individuals to whose
lot in the character of suitors, it fell to give indication of the
imperfection were not admitted in so far as their respective relations
to the suit and the circumstances of the case will allow —
to a participation of the benefit: if to him he for example, who by
the law if executed would be a sufferer by the imperfection contained
in it, the relief afforded to others were altogether refused.
To afford this relief, subject in this as in all those other instances, to
the pleasure of the legislature, is the business of the section by
which the sistitive, or say the execution-staying function is allotted
to the judge.

Meantime in all judicial business & particularly in contests
between individual & individual, it causes the functionary to be
careful, so to order matters that of the relief accorded to
the benefit be not outweighed by the burthen imposed upon another:
by a burthen imposed by him or those whose interests are on the
occasion in question, opposite to those of him to whom the relief
is accorded. But to duty effectual, attention it
will be seen is paid & by the by which as per §.21 the
exercise of the function is modified: and in the procedure Code
grounded on the principals of the present proposed Code.

In the class of purely penal cases may even now be seen a
large mass in which the relief provided by the institution of this
function may be regarded as nearly free from danger. Of penal infliction
the only use is the prevention of misconduct in cases similar
to those in which by the legislature it is intended to be inflicted.
But the occasion here in question of the execution of the law is prevented,
which it cannot be without their knowledge & consent, it is
the opinion of the legislature that in these same similar cases the punishment
ought not to be inflicted in this class of cases: & this elapses
one out of four, by the aggregate of which the whole field of legislation
is covered.

Identifier: | JB/042/483/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1		Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	483	Info in main headings field
Image	001	Titles	4 sistitive function
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	richard doane	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	"used"	ID Number	13406
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