JB/042/486/001

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1825. Novr.
Constitutional Code

11 Ulto
Ch. XII Judiciary collectively
3 (3 §. 18.19.20.21 §.22. Preinterpretative function
Instructions and Rationale
1. §.19.20.21.22

Under existing systems, all these doubts,
disagreements with the uncertainties, conflicts and disappointments
with which they are pregnant, have
been and are in countless multitudes continually
accumulating, without any thing done for the removal
or diminution of the disastrous mass: under
the here proposed system they will be removed as
fast as they come into existence.

If, of the uncertainty in question, the source in
the opinion of the Judge lies purely in a deficiency in
respect of discernment or judgment on the part of a
Suitor or the Suitors on one or both sides of a suit
actually commenced, — if it lies all in that quarter — none in
any unaptness of expression, —, it will be a case for
the exercise of his interpretative, without any exercise
given to his eventually emendative function, as above
described: if, on the other hand, there be any other
form of words, by which, with less danger of uncertainty,
the same import might have been expressed, although the
aptitude of the law in respect of matter is not
decreased in dispute or in doubt the function to which exercise will be given
by him, will be the eventually emendative.

Whether it be in form or matter, whatsoever
imperfections it may happen to the body of the law
to labour under, the Judge is the functionary, the
Judge is the individual of all persons the person — to whom, above all others
those imperfections will be most apt to manifest
themselves.

True it is, that in the several potions in this as in every Department, the person to
whose view imperfections
in the arrangements
belonging to that same
Department will lay lie
most open are the
functionaries thereto
belonging:But if
those same imperfections
some then may be
by which the for
and desire of the same
of this field of government, which come under the
authority of those several Ministers the
functions belonging to the department
Ch. XI these
Ministers ,
place inside the head of the ,
on whose interests the
exercises

Identifier: | JB/042/486/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1825-11	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	486	Info in main headings field	constitutional code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / d11 / e3
Penner		Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections	jeremy bentham	Paper Produced in Year	1824
Notes public		ID Number	13409
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