JB/054/176/001

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1824. Jany 22
Constitutional Procedure Code or Const. Judiciary
Ch. General View
§. Functions applied, how.

Nor yet, supposing were the function allotted be to a functionary
different from the Judge – the Defender General for instance.
Nor yet supposing this the allotment made in the first instance,
nor yet would the need of eventual and occasional and eventual
recourse to the Judge be superseded: for, this additional
Judge without the name of judge, no reason there could be no reason
why his should exercise of his power should be arbitrary –
free from those restraints and checks which are imposed applied to
upon the conduct of the otherwise all commanding ordinary Judge. From every exercise
of his power, appeal must would therefore have to be
capable of being made to the Judge of the same judicatory.
Here then in regard to judicature as applied to this subject
matter of possession – this lot of fiduciary power
here would be a an additional stage of appeal which in other cases
over and above those which in the case of ab the allotment
to be made of a subject matter absolute property has place, and
for the establishment of this encumbrance no reason
seems assignable.

Exercised otherwise than judicially, and by a Judge
acting as such and under that name the function would be
exercised in secret: to the persons interested in hearing should
as much in this case as in any be granted, and could
scarce fail of being granted. But the hearing being in
secret not the consequences. No special time would be allotted
for the performance of it: the parties would have to want
not only the but the bureau of this special and secretly acting Judge.
Being in secret suppose partiality intended to be exercised partiality purchased by corruption, his would be that secrecy
in which every partiality and corruption behold their most useful
and efficient instrument.

Identifier: | JB/054/176/001 "JB/" can not be assigned to a declared number type with value 54.
Date_1	1824-01-22	Marginal Summary Numbering	9-10
Box	054	Main Headings	constitutional code; procedure code
Folio number	176	Info in main headings field	procedure code or const. judiciary
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1823
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17695
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