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11
1. Case
(2 IX Decision not on Merits
Such the error ascribing
decisions
in Law Books.
Error may consist
in the violation of
a rule never published:
never made,
till the instrument
pronounced erroneous
is brought to
view.
Reprobated by Judges
is an ex-post facto
law: legislature made
ex-post-facto laws
are all they make.
Confessed it has here
been that originally
without such Judge
made laws, society
could not have been
kept together: secus,
none.
Incapable of being
are the ex-post
facto laws on
these occasions
made.
The stronger a man's
understanding, the
surer he would be
not to guess their existence.
Examples. Murderer
acquitted, because
his being instigated
by the Devil male
32.
By any man in
his senses, would any
Judge in his senses,
be expected for such
an omission to call
for a verdict of not guilty.
Further advantage
from the power of
groundless nullification.
Exercised it may be
or not ad libitum
and by accident, it
might be more advantageous
to a Judge to
favor the right than
the wrong side.
34
Of late this faculty
of disregarding the nullifying
rule has been
exercised.
Thus, whether he conforms
to or violates
the nullification
rule, the Judge is
sure of praise.
The King can do no
wrong: a Judge nothing
but what is praiseworthy.
Consequence of temporary
nullification
by Writs of error. For
the profit by the interest
money withheld
from under the assurance
of loss of cause.
By Legislation, ex post
facto law (rarely made)
is made with authority:
by Judges what
even is made is ex-post
facto, and made
without it.
Example. For an alledged
mistake in a
proper name, the
rule which, in this
case, nullifies proceedings
may be observed
or disregarded:
impunity thus
given or withholden.
39.
Nullification is fiction.
In the few instances
in which it
is conducive to justice,
might be better
done without it: by
compensation for the
effects of what is done
amiss.
In case of Contracts,
nullification is in
many instances necessary,
but stands
on different grounds.
Identifier: | JB/081/030/001 "JB/" can not be assigned to a declared number type with value 81.
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1828-10-30 |
26-40 |
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081 |
petition for justice |
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030 |
petition for justice |
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001 |
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marginal summary sheet |
1 |
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recto |
d11 / e2 |
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john flowerdew colls |
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25817 |
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