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1825. Jany. 23 Dec. 22.Procedure CodeInformation
Ch XXVI. Local Headmen
S. 17 Beneficent mediation function
These preceding pages copd this not or else eliminated
Of this institution sort of incompletely empowered Judiciary called
a Conciliation Court invented in Denmark, and in
principle adopted applied in some manner in Bonaparte's and
other Codes the principle extensively has thus received a proportionately is generally known and approved By
extensive approbation By
Acts of this section, application is endeavoured
to be made of this principle of that institution it
Under this Act
For it is, <add>Not that, this under the here proposed system,
supposing it in any considerableOn the other hand the extent given to it being maximized
can not but be much greater than in any
of these other Codes systems: for in the increasing amount of
the mass of frustration delay, expense and vexation rated as less and confirmed by these codes is to be found the sole warrant for the institution of a judiciary unprovided with the power of giving execution to its own decree.
As to dangers of abuse notwithstanding any supposed
deficiency of trustworthiness
on the
part
situation of the functionary
here in question, as
compared with that
of the Judge Immediate,
little ground
of apprehension will
it is believed be found. no coercive power being
in this case given:
nor yet, as in the
case of the Danish
Conciliation Court are parties compelled
to betake themselves
to this uncoercive
judiciary on their way to the coercive one.
Coercive power not in the matter here in question
coercive power that is to say exercise of this important function
not being given to this functionary, no danger of abuse
here Of
Power of enforcation not being in the case given, of
any such opinion as the functionary may see reason
to declare, the influence will in each individual instance be for confined
to the conceptions entertained by the parties nor as to his
appropriate aptitude: and, as the general aggregate mass of
useful information in the country territory in question
increases, this aptitude will naturally increase along
with it.
What security against falshood but no power of compelling any
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