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<head>1828 <del>Novr.</del> Septr. 13 13<lb/>
Constitutional Code Cop<hi rend="superscript">d</hi></head>


<note>Ch.<lb/>
&sect;.</note>
<p><del>2</del> 3 13</p>
<p><hi rend="underline">Instructional</hi> <del>(2)</del><lb/>
Art. 21. Use of the <del><gap/> <gap/></del> <add>enumeration thus made, the use is &#x2014; the putting</add> the <unclear>Legislation</unclear><lb/>
<add>in a way</add> to satisfy itself, <add>of</add> which of these different <del><gap/></del> <add>suites</add> of Judiciary Assistants<lb/>
the <del>services</del> <add>operations</add> <hi rend="underline">are</hi> <add>necessary,</add> and of which <del><add><gap/></add></del> <hi rend="underline">not</hi> necessary, to justice. But<lb/>
to give <del><gap/></del> to the question <del><add>any thing like an adequate</add></del> <add>a <sic>compleat</sic></add> <add>selection</add> belongs <add>only</add> to the Procedure Code: <del><gap/></del><lb/>
<add>in which see</add> <hi rend="underline">Judiciary Assistants</hi>.</p>
<p><!-- The following para is deleted --> Instructional<lb/>
Art. 22. Now <del>In</del> <add>here that, exceptions excepted, in</add> so far as it happens to the Party <gap/>, with relation<lb/>
to the <hi rend="underline">demand</hi> in question, an <hi rend="underline">Evidence <gap/></hi>, his <del><gap/><gap/></del> <add>presence at the</add> Judgment<lb/>
seat is necessary except in so far as to serve duty <gap/> and <gap/><lb/>
his evidence <add>delivered</add> <gap/> <gap/> <gap/> may be put <gap/> <gap/> <gap/><lb/>
In a case in which he is not a <gap/> <gap/><lb/>
For the conduct of the suit of the <gap/>, if he suffers for want of<lb/>
being present he has himself to <unclear>that</unclear> for it, to the purpose of <gap/><lb/>
his attendance in the presence of the Judge is not necessary in any <add>for any</add><lb/>
way otherwise than that <add>purpose other than that</add> of supplying the deficiency of information<lb/>
in appropriate aptitude on the part of his assistant professional or<lb/>
gratuitous: and in particular <gap/> at a <gap/> <gap/> <gap/><lb/>
on the part of the Assistant in so far as the <unclear>interest</unclear> of the Assistant<lb/>
is <unclear>opposite</unclear> to that of the particular Client: as in the case of a<lb/>
professional Assistant, it is in <add>more or less,</add> every case.</p>
<p>(2)<lb/>
If the residence of the party and thence of his Solicitor is elsewhere<lb/>
than in the Metropolis, <add>in which <del><gap/><gap/></del> place alone with</add> <note>exceptions to a comparatively<lb/>
small extent, are the<lb/>
Judgement seats of the <del>Equity</del><lb/>
judicatories called Equity<lb/>
Courts,</note><lb/>
to this principal Solicitor is added, for<lb/>
the <del>purpose</del> performance of <del><gap/> <gap/></del> such of the operations, the scene of<lb/>
which has <del>at or near</del> in the vicinity of those same Judgments, another<lb/>
Solicitor acting as Agent to this his principal</p>
<p>Moreover interposed between the Solicitor resident in the Metropolis<lb/>
and those public Judiciary functionaries who are purely such, is another<lb/>
Judiciary functionary <sic>stiled</sic> a <unclear>Clerk in Court</unclear> whose character is of a <hi rend="underline"><sic>mixt</sic></hi> nature: <note>but, <del><gap/></del> in such sort<lb/>
<sic>mixt</sic>, that, to analyse<lb/>
it belongs not<lb/>
to this place. <hi rend="superscript">[+]1</hi></note></p>
<note><hi rend="superscript">[+]</hi> Note that, <del>under</del> <add>in</add><lb/>
English <del>Procedure</del> <add>practice</add> acting<lb/>
in the character of Advocate,<lb/>
Evidence <gap/><lb/>
or <unclear>Argumentating</unclear> or<lb/>
better judiciary Assist<gap/><lb/>
in <del><gap/></del> number altogether<lb/>
unlimited may on<lb/>
each side be employed.<lb/>
<del>In instances sometimes</del><lb/>
for the benefit of their <unclear>assistance</unclear><lb/>
sometimes for the advantage<lb/>
of depriving the adv<gap/><lb/>
party of that same<lb/>
benefit: instances have been known of as few as two or more appearing at the same time: in former days,<lb/>
within the memory of the author of these pages, the instances of <del>this</del> <add>a</add> number<hi rend="superscript">[+]</hi><lb/>
<hi rend="superscript">[+]</hi>as great as this was not altogether<lb/>
unfrequent.</note>
<p>(1)<lb/>
But, for such proof, <add>a separate prosecution</add> and two witnesses, <del><gap/> <gap/> <gap/> <add><gap/></add></del> <add>testifying on oath</add><lb/>
in contradiction to some statement of the party so prosecuted<lb/>
<del>contrary</del> are necessary: and <del><add><gap/></add></del> unless such prosecution be instituted,<lb/>
such proof made and conviction <add>and sentence</add> pronounced in consequence<lb/>
the <hi rend="underline">answer</hi> (such is the name given to the paper) <del><gap/></del><lb/>
this answer, let it teem over so abundantly with falshood<lb/>
is, <add>by the Judge</add> in every <unclear>part</unclear> taken for <unclear>true</unclear> <del><add>by the Judge</add></del>, and acted upon as such. Of<lb/>
the Plaintiffs Draughtsman with his <del>interrogation</del> <add>interrogatories</add> the object has been<lb/>
<add>of course</add> <unclear>manifest</unclear> <del>of course</del> to extract from the Defendant <del><gap/></del> declaration of<lb/>
such facts and such else as will make <hi rend="underline">for</hi> him <del><gap/></del> the <del><gap/></del> Plaintiff,<lb/>
and consequently, in <unclear>proportion</unclear> against the Defendant: But <del><gap/></del> <add>into</add> the <del><gap/></del> <add>b<gap/></add><lb/>
<add>of</add><lb/>
<note>of each such is <del><gap/></del><lb/>
his Client unfavorable <del><gap/></del> <add>declaration,</add><lb/>
<del><gap/><gap/><gap/><gap/></del><lb/>
which he regards it as<lb/>
not safe to avoid <del>declaring</del> <add>making</add><lb/>
<del>or say <gap/></del>, he takes<lb/>
care, he takes care to<lb/>
<del>stick in</del> <add>insert</add> others one or more,<lb/>
<del><gap/><gap/><gap/> <add><gap/><gap/></add><lb/>
<gap/><gap/><gap/></del><lb/>
the <sic>complection</sic> of which is favorable to him.</note></p>




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1828 Novr. Septr. 13 13
Constitutional Code Copd

Ch.
§.

2 3 13

Instructional (2)
Art. 21. Use of the enumeration thus made, the use is — the putting the Legislation
in a way to satisfy itself, of which of these different suites of Judiciary Assistants
the services operations are necessary, and of which not necessary, to justice. But
to give to the question any thing like an adequate a compleat selection belongs only to the Procedure Code:
in which see Judiciary Assistants.

Instructional
Art. 22. Now In here that, exceptions excepted, in so far as it happens to the Party , with relation
to the demand in question, an Evidence , his presence at the Judgment
seat is necessary except in so far as to serve duty and
his evidence delivered may be put
In a case in which he is not a
For the conduct of the suit of the , if he suffers for want of
being present he has himself to that for it, to the purpose of
his attendance in the presence of the Judge is not necessary in any for any
way otherwise than that purpose other than that of supplying the deficiency of information
in appropriate aptitude on the part of his assistant professional or
gratuitous: and in particular at a
on the part of the Assistant in so far as the interest of the Assistant
is opposite to that of the particular Client: as in the case of a
professional Assistant, it is in more or less, every case.

(2)
If the residence of the party and thence of his Solicitor is elsewhere
than in the Metropolis, in which place alone with exceptions to a comparatively
small extent, are the
Judgement seats of the Equity
judicatories called Equity
Courts,

to this principal Solicitor is added, for
the purpose performance of such of the operations, the scene of
which has at or near in the vicinity of those same Judgments, another
Solicitor acting as Agent to this his principal

Moreover interposed between the Solicitor resident in the Metropolis
and those public Judiciary functionaries who are purely such, is another
Judiciary functionary stiled a Clerk in Court whose character is of a mixt nature: but, in such sort
mixt, that, to analyse
it belongs not
to this place. [+]1

[+] Note that, under in
English Procedure practice acting
in the character of Advocate,
Evidence
or Argumentating or
better judiciary Assist
in number altogether
unlimited may on
each side be employed.
In instances sometimes
for the benefit of their assistance
sometimes for the advantage
of depriving the adv
party of that same
benefit: instances have been known of as few as two or more appearing at the same time: in former days,
within the memory of the author of these pages, the instances of this a number[+]
[+]as great as this was not altogether
unfrequent.

(1)
But, for such proof, a separate prosecution and two witnesses, testifying on oath
in contradiction to some statement of the party so prosecuted
contrary are necessary: and unless such prosecution be instituted,
such proof made and conviction and sentence pronounced in consequence
the answer (such is the name given to the paper)
this answer, let it teem over so abundantly with falshood
is, by the Judge in every part taken for true by the Judge, and acted upon as such. Of
the Plaintiffs Draughtsman with his interrogation interrogatories the object has been
of course manifest of course to extract from the Defendant declaration of
such facts and such else as will make for him the Plaintiff,
and consequently, in proportion against the Defendant: But into the b
of
of each such is
his Client unfavorable declaration,

which he regards it as
not safe to avoid declaring making
or say , he takes
care, he takes care to
stick in insert others one or more,


the complection of which is favorable to him.



Identifier: | JB/042/214/001"JB/" can not be assigned to a declared number type with value 42.

Date_1

1828-09-13

Marginal Summary Numbering

Box

042

Main Headings

constitutional code

Folio number

214

Info in main headings field

constitutional code

Image

001

Titles

instructional

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c3 / d13 / e13

Penner

jeremy bentham

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

"copd"

ID Number

13137

Box Contents

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