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<p>1831 Aug. 6<lb/> | |||
<head>Constitutional Code.</head> (2)<lb/> | |||
<note>Ch. XV Judge Deputes Occasional<lb/> | |||
§. 3. Powers – Referees Deputable<lb/> | |||
or<lb/> | |||
§. 4. Referees deputable</note></p> | |||
<p>☞ Quere as to a single Referee?</p> | |||
<p>But, assuming that, under the here exhibited<lb/> | |||
system no such causes of demand for this species of<lb/> | |||
<add>extraordinary</add> Judicatory will have place, still may there be other <del><gap/></del><lb/> | |||
adequate causes, which no degree of aptitude on the part of<lb/> | |||
the ordinary judicatories can exclude. Examples are as<lb/> | |||
follows</p> | |||
<p>I. Demands produced by the interest of the parties</p> | |||
<p>1. By the <hi rend="underline">publicity</hi>, which <add>as per Ch. XII. §.</add> constitutes so essential a feature in<lb/> | |||
this present system, the interest of the parties on both sides<lb/> | |||
might be detrimental: as in the case of <hi rend="underline"><unclear>secrets</unclear> in <unclear>trade</unclear></hi>.</p> | |||
<p>2. By the nature of the subject matter of contestation, to the<lb/> | |||
taking adequate cognizance of it, <add>pre-acquired</add> information, of a nature<lb/> | |||
not <del><gap/></del> reasonably to be looked for, at the hands of every<lb/> | |||
Judge, perhaps .. nor of any Judge might be necessary,<lb/> | |||
and, by persons <del>in whose</del> <del>who to</del> all parties interested are<lb/> | |||
objects of adequate confidence, this information may<lb/> | |||
be possessed</p> | |||
<p>II. Demands produced by the interest of the public.</p> | |||
<p>1. Such might be the complicatedness of the subject matter of<lb/> | |||
the contestation: such the number of the Evidence-holders<lb/> | |||
such the remoteness of them in any proportion of their number<lb/> | |||
from the Justice Chamber – such the quantity of<lb/> | |||
ready-written evidence to be examined into, – that by one<lb/> | |||
single suit thus proceeded upon, if proceeded upon either<lb/> | |||
by the Judge principal, or by any Depute permanent, the whole<lb/> | |||
quantity of Judge-power possessed by the Judicatory, might<lb/> | |||
for an indefinite length of time remain occupied; – and the<lb/> | |||
attribute of all sufficiency of sufficiency without superfluity, – done away.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1831 Aug. 6
Constitutional Code. (2)
Ch. XV Judge Deputes Occasional
§. 3. Powers – Referees Deputable
or
§. 4. Referees deputable
☞ Quere as to a single Referee?
But, assuming that, under the here exhibited
system no such causes of demand for this species of
extraordinary Judicatory will have place, still may there be other
adequate causes, which no degree of aptitude on the part of
the ordinary judicatories can exclude. Examples are as
follows
I. Demands produced by the interest of the parties
1. By the publicity, which as per Ch. XII. §. constitutes so essential a feature in
this present system, the interest of the parties on both sides
might be detrimental: as in the case of secrets in trade.
2. By the nature of the subject matter of contestation, to the
taking adequate cognizance of it, pre-acquired information, of a nature
not reasonably to be looked for, at the hands of every
Judge, perhaps .. nor of any Judge might be necessary,
and, by persons in whose who to all parties interested are
objects of adequate confidence, this information may
be possessed
II. Demands produced by the interest of the public.
1. Such might be the complicatedness of the subject matter of
the contestation: such the number of the Evidence-holders
such the remoteness of them in any proportion of their number
from the Justice Chamber – such the quantity of
ready-written evidence to be examined into, – that by one
single suit thus proceeded upon, if proceeded upon either
by the Judge principal, or by any Depute permanent, the whole
quantity of Judge-power possessed by the Judicatory, might
for an indefinite length of time remain occupied; – and the
attribute of all sufficiency of sufficiency without superfluity, – done away.
Identifier: | JB/041/091/001"JB/" can not be assigned to a declared number type with value 41. |
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1831-08-06 |
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041 |
Constitutional Code |
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091 |
Constitutional Code |
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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. |
C2 / D2 |
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STREET & Co 1830 |
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Antonio Alcala Galiano |
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1830 |
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001 |
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