JB/056/059/002

Click Here To Edit

1823. Octr. 26
Constitutional Code

1o 2o
Ch. Suits their sorts &c
§.6.|4 suits amicable and
§ Consultative

Reasons contra danger of collection for
obtaining a precedent. Quere

Art. A conceivable suit of this kind is that a
suit having for its object the ascertaining what would
antecedently to judicial demand grounded in a certain
portion of the law which in the event of a suit grounded on
it would be the interpretation put upon it by the Judge.

The To give allowance to a suit of the kind conceivable yet
preponderantly useful ad thence desirable use. On one side
here would be individual interest: on the other side, how
immediate so ever the pr decidedly so ever preponderant the damage to others individual
interest from the interpretation prayed as opportunity for
support/adequate to those same individual interests: on the one side due would be
a hearting on behalf of the party on that side: on the other side
no such hearing. If in True it is that if the demand
if unjust the might not improbably be diluted by
the Judge, but as this is not accepted as a reason for refusing to
one party the benefit of a hearing in case in general so therefore
neither ought should it in this case in particular.

In a case of this sort the proper and only proper question authority
to apply to a Legislature. By the Legislature if considered at all
the subject would be naturally considered in all its bearings and with relation
to all interests in any way concerned or about to be concerned. To
apply to the Judge An application to the Judge would be an application
to him to declare what is his offence in relation to the in question is the meaning of the legislation
was and is the will and meaning of the Legislature. But
neither can it in his situation the Judge it can not be
so surely know either or what is or what might be to be the will
and meaning of the Legislature itself as as to the Legislature
itself.

In this case provision is accordingly made for maximizing
the faculty of obtaining in every such question from the proper quarter of the
will and meaning of the Legislator. But if exclusion be put upon
the practice of applying for a purpose of this sort to the Judge the usefulness
of it must depend upon the which such application informs
a at the hands of the Legislature. If though influence or
an inconceivable preoccupation
the Legislature suffers the
doubts or question to be unresolved,
better the ,
duty had better be performed by the Judge than left altogether unperformed. should the Legislature trust the without examination to the it would negligence and dereliction
of duty with which it would be as to these and points in question in the field of judicature is no other than these: that which is manifested
manifested in relation to the whole extent
of the field of law and judicature by the
authority allowed to the boundless
mass of Judge under called Common Law.

Identifier: | JB/056/059/002 "JB/" can not be assigned to a declared number type with value 56.
Date_1	1825-02-01	Marginal Summary Numbering	Not numbered
Box	056	Main Headings	Procedure Code
Folio number	059	Info in main headings field	Procedure Code
Image	002	Titles	Instructive / Ch. / Initiatory hearing where conclusive
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	D1 / E1
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18115
Box Contents