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<p>1831 Aug. 6<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Constitutional Code.</head> (1)<lb/>
 
<note>Ch. XV  Judge Deputes Occasional<lb/>
 
&sect;. 3.  Powers – Referees Deputable<lb/>
 
or<lb/>
&sect;. 4.  Referees deputable</note></p>
<p>&#9758; Or p.1. <hi rend="underline">Field of Service</hi> – <gap/><lb/>
to the <hi rend="underline">Enactment</hi>.</p>
<p><hi rend="underline">Instructional</hi>.  Ratiocinative<lb/>
Art. 1.  Arbitration is a species of arrangement, which<lb/>
can not, under any Code, without very pernicious deficiency,<lb/>
be left unprovided for.</p>
<p>In a Code, formed upon the principles of the present<lb/>
one, true it is – that the frequency of the demand for the<lb/>
application of it to practice will not, naturally speaking,<lb/>
be near so great as under any as yet existing established<lb/>
Code.  Still however the demand for it <del>will</del> <add>can</add> not<lb/>
be altogether superseded, the circumstances, by which the<lb/>
demand <del><gap/></del> is liable to be produced, will be mentioned<lb/>
presently.</p>
<p>The more enormous the inaptitude of the Judicial<lb/>
Establishment, and the system of Procedure <del>accordingly <gap/></del><lb/>
according to which it <del><gap/></del> acts – the more unconducive<lb/>
to the <add>so often referred to</add> <unclear>Courts</unclear> of Justice direct and collateral taken together<lb/>
the <del>greater</del> <add>more urgent</add> of course the demand for a place of refuge <add>set of hiding<lb/>
places</add> <del>to</del> which Astra may fly <add>to</add> in her distress.  In English<lb/>
Judge-made law the <del>hostility of them both</del> <add><unclear>simplitude</unclear></add> of the two so intimately<lb/>
connected <unclear>institution</unclear> being preeminent – not to say<lb/>
matchless, <add>the urgency of</add> the demand for Arbitration is of course<lb/>
proportionable.</p>
<p>Only in the case where <del><gap/></del> all parties in their own<lb/>
<del>estimation</del> minds persuaded of their having right on their<lb/>
side, has this species of judicature any application;  for<lb/>
<del>to</del> a party who is conscious of having <hi rend="underline">wrong</hi> on his side, <add>will see a</add> same<lb/>
imperfection in the existing system of procedure whatsoever it be<lb/>
their sole resource.</p>
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{{Metadata:{{PAGENAME}}}}{{Untranscribed}}
{{Metadata:{{PAGENAME}}}}{{Completed}}

Latest revision as of 16:37, 16 December 2022

'Click Here To Edit

1831 Aug. 6
Constitutional Code. (1)
Ch. XV Judge Deputes Occasional
§. 3. Powers – Referees Deputable
or
§. 4. Referees deputable

☞ Or p.1. Field of Service
to the Enactment.

Instructional. Ratiocinative
Art. 1. Arbitration is a species of arrangement, which
can not, under any Code, without very pernicious deficiency,
be left unprovided for.

In a Code, formed upon the principles of the present
one, true it is – that the frequency of the demand for the
application of it to practice will not, naturally speaking,
be near so great as under any as yet existing established
Code. Still however the demand for it will can not
be altogether superseded, the circumstances, by which the
demand is liable to be produced, will be mentioned
presently.

The more enormous the inaptitude of the Judicial
Establishment, and the system of Procedure accordingly
according to which it acts – the more unconducive
to the so often referred to Courts of Justice direct and collateral taken together
the greater more urgent of course the demand for a place of refuge set of hiding
places
to which Astra may fly to in her distress. In English
Judge-made law the hostility of them both simplitude of the two so intimately
connected institution being preeminent – not to say
matchless, the urgency of the demand for Arbitration is of course
proportionable.

Only in the case where all parties in their own
estimation minds persuaded of their having right on their
side, has this species of judicature any application; for
to a party who is conscious of having wrong on his side, will see a same
imperfection in the existing system of procedure whatsoever it be
their sole resource.


Identifier: | JB/041/090/001"JB/" can not be assigned to a declared number type with value 41.

Date_1

1831-08-06

Marginal Summary Numbering

1-4

Box

041

Main Headings

Constitutional Code

Folio number

090

Info in main headings field

Constitutional Code

Image

001

Titles

Instructional - Ratiocinative

Category

Text sheet

Number of Pages

1

Recto/Verso

Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.

Page Numbering

C1 / D1

Penner

Watermarks

J WHATMAN TURKEY MILL 1824

Marginals

Jeremy Bentham

Paper Producer

Jonathan Blenman

Corrections

Paper Produced in Year

1824

Notes public

ID Number

001

Box Contents

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