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6 Aug. 1808 *29 Note ?
To Mallet
Note (a)*29
45 — 28
On the continent
much business is
Done by judicatories
thus constituted
1. In Germany,
essential business
at large mode inquisitive
2. So in Spain &
Portugal criminal
business relative to
offences against
Religion
(a) This anomalous species of judicatory, in which in the ordinary
list of dramatis personae one character is wanting
this species of judicatory, anomalous as it is, is by
no means without example its parallel in other instances.
On the continent In Germany, a great part of the business
of penal judicature is performed by judicatories acting
in this mode: the system of procedure in contradistinction
to the more ordinary system mode which is termed for this purpose
the accusatorial, this mode of procedure is termed the
inquisitorial mode: the suitor, who in the procedure
of the Audit Office is called the Accountant, in those
penal judicatories termed the Inquisitees: the situation of the Inquisitees
of that those judicatory, is that of the Accountant under the
Audit Board or Office.
46 — 29
In a Court of
Claims, that state
of thought is reversed.
The functions combined
with those
of the Judge, are
those of the defendant.
A judicatory in which the list of the dramatis
personae is thus on one side defective, has its counterpart
in the a Court of Claims: in a the sort of judicatory
established for to which cognizance is given of claims
made by individuals upon Government. In the
In the Audit Office a judicatory established for
the auditing of Accounts, it is the plaintiffs box
that is left unoccupied: if is the functions of the plaintiff whose functions are those which
are consolidated with and annext to and exercised with those of the Judge. In a Court
of claims, it is the defendant's side that is unoccupied:
the functions of the defendant are those which are
consolidated with and annext to and exercised with
those of the Judge.
Identifier: | JB/122/265/001 "JB/" can not be assigned to a declared number type with value 122.
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1808-08-06 |
45 or 28 - 46 or 29 |
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122 |
Panopticon |
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265 |
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001 |
Note (a) |
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Text sheet |
1 |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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D29* / E29* |
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See note 5 to letter 1986, vol. 7 |
001 |
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