JB/052/038/001

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1823. Decr. 13.
Constitutional Code. Ch. Judicial Abuse by Pursuers obviated
\§. 3. Bonapartes course

Ch.
§.

33. or 1.
See Bonaparte's Code.
Fees on both sides.
True, in some cases, if
successful, persons may
have reimbursement:
meantime, no money
no chance for redress.

34. or 2.
Here pursuer's power
of calling Defendant to
account dependent on the Judge, Judge being
spoken to in public by
pursuer, many a suit
would thus be nipt in
the bud: no person as
yet subjected to vexation
at the pleasure of another.

35. or 3.
In the case of suits in
general, the grounds
they stand upon would
be seen in many
cases in a few minutes.
in all, in a few hours.

36. or 4.
In all, the imposing
the vexation would depend –
not upon the will
of an angry antagonist,
but upon do. of an impartial
Judge; after
hearing a statement
punishable in case
of incorrectness, accompanied
with blame.

37. or 5.
Applicant, if competent
to state his case without
assistance, wd. state it
accordingly: if not
competent, for assistant
he would have
the Judge.

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Ch.
§.

38. or 6.
To Bonaparte's Draughtsman,
not endurable
such brevit. Without
leave from Judge, he
allows any man to
drag into the contest
any other

39. or 9.
Enveloped in a mist
at the threshold is every
suit by conflicting jurisdictions.
1. Observe first, the so
called inferior judicatory,
do. of the first instance
there, first side mentioned,
the Defendant's:
on this side, no person allowed to act for himself:
a professional
substitute (avoué) he
must have.

40. or 10.
2 Next not mentioned
but alluded to, the pursuer.
So an avoué he
must have. Cause of
this disorderly and obscure
statement, shame

41. or 11.
Thus, neither redress
against ex-judicial,
nor defence against judicial injury can
a man have, unless
he will have this substitute,
whose interest
is opposite to that of the
the principal, on whom
he is thus forced.

42 or 12
On condition of hiring
this instrument, every
man may inflict judicial
injury in any shape
on every one who can't hire one.

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Ch.
§.

43. or 13.
Lot of the parties thus
placed in the hands of
the two Lawyers, they are
expressly empowered to
play into one another's
hands: they exchange
(evidences and written
instruments) – these are
valid or void as they
can agree, and as often
as any one is void, repeated
are operative instruments
and fees.

44. or 14.
Comes now the conflict:
with it, the mist
In divers cases, before he
can apply to this inferior
Judicatory of the
first instance, stands
one below it, to which he
is forced to apply. Name
of the Judicatory, Conciliation
Court; from Denmark:
of the Judge, Judge
of the Peace: from England.

45. or 15.
Good words, rulers are
ready to pick up and
employ: good laws, not
equally so.

46. or 16
Mysterious the nature
and attributes of this Judge.
In some cases, he has
power: in others, not: in
some, his superiors can
act without him - having
acted - in others, not.

47. or 17.
Case. 3.
1. Power to Judge to hear
and redress.
2. To hear, but not redress.
3. No power to redress or
hear.
Between these cases, to
attempt to settle the distinction,
would require
a volume: after which,
the matter would be
obscurer than before

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48. or 18.
Where this Judicatory
can neither act nor hear,
the inferior above it must
is should seem be, if any,
the one applied to. Where
it may hear & act, it looks
as if the other might do so
likewise. See Art. 17.

49. or 19.
Where it can do nothing,
nothing can the other Judicatory
do till this has done
it's nothing.

50. or 20.
In this case, apply the words
reconciliation and peace.
To effect the reconciliation
is the function committed
to the Judge of Peace.

51. or 21.
As to meeting and seeing
one another before the
Judge, permission yes:
but obligation none: permission is given to employ a fondé
de pouvior. Imagine
hence whether he is not
the hireling avoué under
this other name.

52. or 22.
Into this court by a citation,
may any man drag
any man: without it,
no man.
On pain of nullity, the description
given of the contents
must be conformed
to: nullity here where peace
& care professed, as well
as where not. More hardy
than wise must be the
nonlawyer who, unacquainted
with the practice of the
Court, fills up the cavities
of this instrument

53. or 23.
As the hireling has two
places names in the two places,
so has the instrument
he plunders with. In the
Judge of Peace's Court, a
Citation:
in the inferior
court above it, an ajournement.

Identifier: | JB/052/038/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-12-13	Marginal Summary Numbering	33 or 1 - 38 or 6, 39 or 9 - 53 or 23
Box	052	Main Headings	constitutional code; procedure code
Folio number	038	Info in main headings field	constitutional code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4 / f149
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	16711
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