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1823. Novr. 17
Constitutional Code orProcedure
Chapter
Of procedure in penal cases, public and publico-private.
In most if not all the bodies of Law as yet
known, the business of procedure, in cases called
civil, and cases called penal, has been consigned
to two different Codes: Codes between which there has
been as it were no communication, no mark of reference.
In utility, this separation has had no foundation.
it has been founded in error, of the causes
of which presently.
1. Points of coincidence. In both cases, the proper objects in view are
the same – viz. the so often mentioned ends of justice.
2. In both cases, there is the same need of real law to
serve as a standard, by which the course taken by the
Judge shall be measured. 3. In both cases, a service
at the charge of somebody, is demanded at the hands of
the Judge. 4. In both cases, to compleat the title of the
applicant to the service demanded, a fact or mass of
facts required to be proved by evidence, to be caused
to be regarded as true on the part of the Judge. 5. In
both cases, need has place for the same precautionary
securities in favour of clear, correct and compleat
statements on the part of the relators, or securities
against falshood and misrepresentation, intentional
and unintentional on their part, and thence
against deception on the part of the Judge, and 6.
lastly against mis-decision on his part, whether
unconscious as in case of deception, or accompanied
with evil consciousness, as where it has it's
cause in some sinister motive.
Thus
Identifier: | JB/055/064/001 "JB/" can not be assigned to a declared number type with value 55.
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1823-11-27 |
1-3 |
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055 |
Constitutional Code; Procedure Code |
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064 |
Procedure |
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001 |
Chapter / Of procedure in penal cases, public and publico-private |
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Copy/fair copy sheet |
1 |
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recto |
D1 / E1 |
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J WHATMAN TURKEY MILL 1822 |
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Jonathan Blenman |
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1822 |
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17785 |
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