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<p>1825. May  Dec. 4  1831 July 30<lb/>
''This Page Has Not Been Transcribed Yet''
<head>Constitutional <del>Procedure</del> Code.</head> <note>Ch. XIV. Judge Deputes Occasional<lb/>
 
<del>&sect;. 3  Power limited</del><lb/>
 
&sect;. 4.  Referees <del>Judicatory</del> <add>deputable</add></note></p>
 
<p><del>1.  This not taken to be much in use except for <unclear>survey</unclear>.</del></p>
<p><del>&sect;. 3.  <hi rend="underline">Powers</hi> as to persons at large</del></p>
<p>Art. 1.  In relation to persons at large in the<lb/>
character of proposed Evidence-holders or witnesses, <del>the Judge<lb/>
Depute</del> a Referee Judicatory has thus the power of accersition<lb/>
<del><gap/> by and</del> exercisable by an accersition requisite<lb/>
under the signature of <del>the majority</del> any two of the referees,<lb/>
and in case of non-compliance the <del>proposed</del> individual<lb/>
accersed is responsible as if accersed by an <hi rend="underline">accersition<lb/>
mandate</hi> coming from the Judge.</p>
<p>Art. 2.  But <del>if</del> <add>this Judicatory</add> has not <add>of itself</add> for this or any<lb/>
other purpose in relation to any person <add>or to any thing</add> the power of <hi rend="underline">prehension</hi>:<lb/>
<del>to obtain</del> <add>for the exercise of</add> this power it must obtain a prehension<lb/>
mandate at the hands of the Judge principal, or some<lb/>
Depute specially authorized <del>to issue such <add>subsidiary</add> mandates</del> thus to back<lb/>
the evidence <del><gap/> 3</del> requiring requisitions of Referee Judicatories<lb/>
in the case of sickness on his part or absence on outdoor duty.</p>
<p>Reason<lb/>
Questions likely the power of accersition and not the power of prehension<lb/>
<add>thus to back the evidence-requiring <del><gap/></del> requisition of Referee</add> Judicatories:  and to keep a Depute thus authorized will be amongst<lb/>
<del><gap/> Reasons</del> his constant cares.</p>
<p><del>Rationale</del><lb/>
<hi rend="underline">Instructional</hi><lb/>
<del>Art. 3.  Rationales.</del>  If without such authorization, <add>three</add> persons<lb/>
thus constituted into a judicatory <del><gap/> were poss</del> were enabled to invest<lb/>
themselves with <del>the</del> <add>prehension</add> power <del>and</del> three <del>persons</del> <add>confederates</add> might by means<lb/>
of a <del>sham</del> <add>collusive</add> suit <del><gap/> to their own</del> <add>inflict to and for</add> sinister profit <add>to themselves,</add> inflict<lb/>
wrong <del>to</del> in an indefinite variety of shapes to an indefinite amount:<lb/>
<add>they might</add> call off, from their several occupations, adversaries or rivals<lb/>
in business by long <unclear>journeys</unclear>, <del>possess themselves of <gap/></del> obtain disclosure<lb/>
of their secrets in trade, and so forth.  On the other hand<lb/>
if no means <add>were possessed</add> of obtaining evidence except from parties and willing<lb/>
evidence-holders or witnesses injustice <del>to either side</del> <add>for want of it</add> might <add>frequently</add> be the result.</p>
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Latest revision as of 15:01, 13 October 2023

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1825. May Dec. 4 1831 July 30
Constitutional Procedure Code. Ch. XIV. Judge Deputes Occasional
§. 3 Power limited
§. 4. Referees Judicatory deputable

1. This not taken to be much in use except for survey.

§. 3. Powers as to persons at large

Art. 1. In relation to persons at large in the
character of proposed Evidence-holders or witnesses, the Judge
Depute
a Referee Judicatory has thus the power of accersition
by and exercisable by an accersition requisite
under the signature of the majority any two of the referees,
and in case of non-compliance the proposed individual
accersed is responsible as if accersed by an accersition
mandate
coming from the Judge.

Art. 2. But if this Judicatory has not of itself for this or any
other purpose in relation to any person or to any thing the power of prehension:
to obtain for the exercise of this power it must obtain a prehension
mandate at the hands of the Judge principal, or some
Depute specially authorized to issue such subsidiary mandates thus to back
the evidence 3 requiring requisitions of Referee Judicatories
in the case of sickness on his part or absence on outdoor duty.

Reason
Questions likely the power of accersition and not the power of prehension
thus to back the evidence-requiring requisition of Referee Judicatories: and to keep a Depute thus authorized will be amongst
Reasons his constant cares.

Rationale
Instructional
Art. 3. Rationales. If without such authorization, three persons
thus constituted into a judicatory were poss were enabled to invest
themselves with the prehension power and three persons confederates might by means
of a sham collusive suit to their own inflict to and for sinister profit to themselves, inflict
wrong to in an indefinite variety of shapes to an indefinite amount:
they might call off, from their several occupations, adversaries or rivals
in business by long journeys, possess themselves of obtain disclosure
of their secrets in trade, and so forth. On the other hand
if no means were possessed of obtaining evidence except from parties and willing
evidence-holders or witnesses injustice to either side for want of it might frequently be the result.


Identifier: | JB/041/083/001"JB/" can not be assigned to a declared number type with value 41.

Date_1

1825-05

Marginal Summary Numbering

or 5

Box

041

Main Headings

Constitutional Code

Folio number

083

Info in main headings field

Constitutional Code

Image

001

Titles

Instructional

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

D5 / E1

Penner

Watermarks

Marginals

Jeremy Bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

001

Box Contents

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