JB/057/291/001

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1826. Sept.m 21.

Procedure Code.

Ch.

Chr
5.

Communication
Pretensors

With his constant function of subordinate
or servant, giving execution and effect to
the several mandates of the Judge, this Attorney
whom may at the same time be the attorney
and as such Law agent of an individual on
a number of individuals occasionally and not
unfrequently unites the functions of a Judge: doing
and in exactly the same manner, exactly the same
things as but for the accident in question, would
have been done by that same Judge. Such for instance
is the case in all cases where damages are
sued for — and in almost all cases damages alone are what
can be sued for — where the Party stiled Defendant
making no defence, and consequently not being in
fact Defendant, suffers judgment to go by default.
Had he made a defence, a Jury, being the body by
when, under the direction of the Judge damages are assessed, the damages would have been assessed
by the Judge; but no defence being made, that
power is taken from the Judge, and made even to
the Attorney: so that, in every case, where the fact
of the wrong is regarded by him as certain of being
proved, the Defendant h as between the Judge
and the Attorney, has the choice of his own Judge.

Between them, the Judge and the attorney
have contrived to shift off from their own upon
the shoulders of a party the Defendant, the responsibility
for what is done by them: if for example
possession of a subject-matter of immoveable
property is in virtue of a judgment by the Judge
to be delivered to the plaintiff no such subject-matter
will the attorney deliver to the party, unless the party will

Identifier: | JB/057/291/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1826-09-21	Marginal Summary Numbering
Box	057	Main Headings	procedure code
Folio number	291	Info in main headings field	procedure code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner		Watermarks	j whatman turkey mill 1826
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1826
Notes public		ID Number	18621
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