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13
1825 Oct. 22
Procedure Code At Boulogne?
To In Bonaparte's system the aberrations are incomparably
less various and enormous than in the English.
The part in which they have place is chiefly the Judicial Establishment,
not so much the Procedure Code.
I. In the Judicial Establishment
1. The division of the logical field of service – the field of attribution
2. The multiplicity of the Judges in all the Judicatories but the
lowest, to wit that of the Juge de Paix
3. The secrecy of the deliberation on the part of the Judge where
the Judicatory is other than single-seated.
II. In the Procedure Code.
1. The tacitly all comprehensive requisition of an Avoné
to wit a Procureur: no mention being made of Avocats under
that or any other name.
2. The fixation of days and times for the several stages
or proceedings in the course of the suit.
3. The not- omission of the exaction of the penal sanction attached to an Oath
on many occasions on the part of parties to the suit: they not
being subjected to it but in the case of interrogation sur faits
et articles, as under the former Rome-bred laws.
4. Non-counter-interrogable evidence is not admitted but
on the occasion of interlocutory and incidental application
made in the course of the suit
☞ Hereupon enumerate the English-bred aberrations in which
Bonaparte's Procedure Code does not participate.
Also any others in Bonaparte's Code in which the English-bred system does
not participate.
Identifier: | JB/054/202/001 "JB/" can not be assigned to a declared number type with value 54.
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1825-10-22 |
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054 |
constitutional code; procedure code |
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202 |
procedure code |
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001 |
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text sheet |
2 |
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recto |
d13 / |
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jeremy bentham |
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[[notes_public::"at boulogne?"[?] [note in bentham's hand]]] |
17721 |
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