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<!-- header and marginal summary in pencil --> <p>6 <sic>Aug.</sic> 1808 29<lb/><note>To Mallet</note><lb/>29</p> <p><note>4<del>2</del>3 — 26<lb/>Objection 1. The<lb/>Board is not a<lb/>Judicatory.</note></p> <p>But, Sir Your suggestion <add>I think I hear Gentlemen saying</add> may or may not be<lb/>applicable to the case of a Court of Justice — but<lb/>our Commission is not a Court of Justice — it is<lb/>a Board — or if you please an Office.</p> <p><note>4<del>3</del>4 — 27<lb/>Answer. Yes it is.<lb/>It is a judicatory<lb/>in which the function<lb/>of <sic>Plff</sic> are combined <lb/>with those of<lb/>Judge</note></p> <p>Pardon me Gentlemen. Your Commission shall<lb/>< | <!-- header and marginal summary in pencil --> <p>6 <sic>Aug.</sic> 1808 29<lb/><note>To Mallet</note><lb/>29</p> <p><note>4<del>2</del>3 — 26<lb/>Objection 1. The<lb/>Board is not a<lb/>Judicatory.</note></p> <p>But, Sir Your suggestion <add>I think I hear Gentlemen saying</add> may or may not be<lb/>applicable to the case of a Court of Justice — but<lb/>our Commission is not a Court of Justice — it is<lb/>a Board — or if you please an Office.</p> <p><note>4<del>3</del>4 — 27<lb/>Answer. Yes it is.<lb/>It is a judicatory<lb/>in which the function<lb/>of <sic>Plff</sic> are combined <lb/>with those of<lb/>Judge</note></p> <p>Pardon me Gentlemen. Your Commission shall<lb/><add>being so <sic>compleat</sic> a screen, shall</add> be as much of a Board as you please: but by being<lb/>a Board it is not the less a Court of Justice — or at<lb/><del>l</del> any rate — to keep clear of ambiguities <add><unclear>partes principle</unclear></add> — a Judicatory.</p> <p><del>It is</del> True it is that it is <add>does</add> not in every point without<lb/>exception, <del><gap/></del> coincide <add>coincident</add> with the <del>authorities</del> ordinary<lb/>judicatories; with the authorities <add>the idea of which is</add> most apt to be presented<lb/>by that name. There is, it must be acknowledged,<lb/>something anomalous in the nature <add>structure</add> of it.</p> <p>In <add>an</add> ordinary judicatory, the level occupied by<lb/>suitors, is sure to be partitioned out into two sides or<lb/>divisions: one occupied by the plaintiff or plaintiffs in<lb/>any number; the other occupied by a defendant or <add>by</add> defendants.</p> <p>In the particular species of judicatory in which you<lb/>sit, on the suitors level, <add><del>the Defen</del></add> the <del>plaintiffs side is wanting</del><lb/>defendants division alone is occupied; the plaintiffs side<lb/>is left empty: the functions of a <add>the</add> plaintiff are consolidated<lb/>with your own; they are exercised by you the Judges.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
6 Aug. 1808 29
To Mallet
29
423 — 26
Objection 1. The
Board is not a
Judicatory.
But, Sir Your suggestion I think I hear Gentlemen saying may or may not be
applicable to the case of a Court of Justice — but
our Commission is not a Court of Justice — it is
a Board — or if you please an Office.
434 — 27
Answer. Yes it is.
It is a judicatory
in which the function
of Plff are combined
with those of
Judge
Pardon me Gentlemen. Your Commission shall
being so compleat a screen, shall be as much of a Board as you please: but by being
a Board it is not the less a Court of Justice — or at
l any rate — to keep clear of ambiguities partes principle — a Judicatory.
It is True it is that it is does not in every point without
exception, coincide coincident with the authorities ordinary
judicatories; with the authorities the idea of which is most apt to be presented
by that name. There is, it must be acknowledged,
something anomalous in the nature structure of it.
In an ordinary judicatory, the level occupied by
suitors, is sure to be partitioned out into two sides or
divisions: one occupied by the plaintiff or plaintiffs in
any number; the other occupied by a defendant or by defendants.
In the particular species of judicatory in which you
sit, on the suitors level, the Defen the plaintiffs side is wanting
defendants division alone is occupied; the plaintiffs side
is left empty: the functions of a the plaintiff are consolidated
with your own; they are exercised by you the Judges.
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Identifier: | JB/122/264/001"JB/" can not be assigned to a declared number type with value 122. |
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1808-08-06 |
43 or 26 - 44 or 27 |
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122 |
Panopticon |
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264 |
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001 |
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Text sheet |
1 |
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Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
D29 / E29 |
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TH 1806 |
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Andre Morellet |
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1806 |
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See note 5 to letter 1986, vol. 7 |
001 |
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