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<note>Ch. XX. Helpless litigant's assistant. S. Judge the proper employer of the fund.</note> | <note>Ch. XX. Helpless litigant's assistant. S. Judge the proper employer of the fund.</note> | ||
1.<lb/> Trusteeship of | <p>1.<lb/> Trusteeship of Helpless<lb/> litigant's fund-<lb/>first thought, tho allotting<lb/> is to some person<lb/> other than the<lb/> Judge- as to Defender<lb/> General.</p> | ||
<p>2.<lb/> But on application<lb/> of shoulders of<lb/> the mind, proposed<lb/> allotment appeared<lb/> unapt.</p> | |||
<p>3.<lb/> If allotted to Defender<lb/> General, each fund<lb/> would require a different<lb/> manager.</p> | |||
<p>4.<lb/>Functions in this<lb/> case capable of advantageous<lb/> exercise<lb/> by Judicial<lb/> functionary-<lb/>1. The locative.<lb/> 2. The Dislocative<lb/> 3. The incidentally<lb/> directive.</p> | |||
<p>5. <lb/> As to locative functions,<lb/> location in<lb/> this can not be<lb/> claimable as a right<lb/> but left to locator's<lb/> secret discretion.</p> | |||
<p>6. <lb/> Judiciary the form<lb/> in which locative<lb/> functions ought in<lb/> the first place to<lb/> be exercised.</p> | |||
<pb/> | <pb/> | ||
7. <lb/> Parties beneficially<lb/> interested in the fund<lb/> have a right to be<lb/> heard as to who the<lb/> person is who is to<lb/> manage it.< | <p>7. <lb/> Parties beneficially<lb/> interested in the fund<lb/> have a right to be<lb/> heard as to who the<lb/> person is who is to<lb/> manage it.</p> | ||
<p>8.<lb/> Therefore who a bet<lb/>ter locator than the<lb/> Judge?</p> | |||
<p>9.<lb/> If locative function<lb/> allotted to Defender<lb/> General need of<lb/> recourse to Judge<lb/> would not be superseded.</p> | |||
<p>10.<lb/> If exercised otherwise<lb/> than judicially,<lb/> the effect would be partiality<lb/> and corrupti<lb/>on. </p> | |||
<p>11.<lb/> Every person interested<lb/> would be in<lb/> a state of dependence<lb/> on the locating functionary.</p> | |||
<p>12.<lb/> Not inconsiderable<lb/> the suffering to individuals<lb/> standing in<lb/> need of a professional<lb/> assistant of their<lb/> own choice- much<lb/> greater would it be<lb/> in the case in question.</p> | |||
<p>13.<lb/>Suffering both to<lb/> principal and assistants.</p> | |||
<pb/> | <pb/> | ||
14.<lb/> To this secretly and<lb/> arbitrarily acting<lb/> functionary, | <p>14.<lb/> To this secretly and<lb/> arbitrarily acting<lb/> functionary, substitute<lb/> the openly acting<lb/> Judge, and every thing<lb/> is as it should be.</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
Cp B 1824: Jany. 22. Procedure Constitutional Code on Conth. Judiciary
Ch. XX. Helpless litigant's assistant. S. Judge the proper employer of the fund.
1.
Trusteeship of Helpless
litigant's fund-
first thought, tho allotting
is to some person
other than the
Judge- as to Defender
General.
2.
But on application
of shoulders of
the mind, proposed
allotment appeared
unapt.
3.
If allotted to Defender
General, each fund
would require a different
manager.
4.
Functions in this
case capable of advantageous
exercise
by Judicial
functionary-
1. The locative.
2. The Dislocative
3. The incidentally
directive.
5.
As to locative functions,
location in
this can not be
claimable as a right
but left to locator's
secret discretion.
6.
Judiciary the form
in which locative
functions ought in
the first place to
be exercised.
---page break---
7.
Parties beneficially
interested in the fund
have a right to be
heard as to who the
person is who is to
manage it.
8.
Therefore who a bet
ter locator than the
Judge?
9.
If locative function
allotted to Defender
General need of
recourse to Judge
would not be superseded.
10.
If exercised otherwise
than judicially,
the effect would be partiality
and corrupti
on.
11.
Every person interested
would be in
a state of dependence
on the locating functionary.
12.
Not inconsiderable
the suffering to individuals
standing in
need of a professional
assistant of their
own choice- much
greater would it be
in the case in question.
13.
Suffering both to
principal and assistants.
---page break---
14.
To this secretly and
arbitrarily acting
functionary, substitute
the openly acting
Judge, and every thing
is as it should be.
Identifier: | JB/041/266/001"JB/" can not be assigned to a declared number type with value 41. |
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1824-01-22 |
1-14 |
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041 |
Constitutional Code |
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266 |
Constitutional Code Ch. 20 Judiciary |
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001 |
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Marginal summary sheet |
1 |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
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B&M 1828 |
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Arthur Moore; Richard Doane |
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1828 |
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001 |
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