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<head>1831 June 26 ++ J<lb/> | |||
Constitutional Code Cop<hi rend="superscript">d</hi></head> | |||
<note>Ch. XII. Judiciary collectively</note> | |||
<p>6</p> | |||
<p>But injustice, depredation and oppression to any amount<lb/> | |||
under colour of justice may <del>in any <gap/></del> under any government<lb/> | |||
be accounted for, and <sic>shewn</sic> to be natural, by one<lb/> | |||
notorious matter of fact: namely that under every government<lb/> | |||
as yet in existence, the system of <unclear>prevention</unclear> has been<lb/> | |||
the product of the labour of a set of men whose interest it<lb/> | |||
has been that, <del>in so far as</del> for their benefit, <del>in so far<lb/> | |||
as contributory</del> injustice, depredation and oppression in so<lb/> | |||
far as contributing thereto, should be maximized.</p> | |||
<p>But the Judge <unclear>below</unclear>, in <del>the</del> <add>a</add> case in which it is his<lb/> | |||
intention to do injustice (and this is a case which must throughout<lb/> | |||
be provided for) will he then lend his hand to the frustration of<lb/> | |||
that which by supposition is his own purpose? Should not the<lb/> | |||
<del>appeal have</del> act of making appeal have, without more <unclear>ado</unclear><lb/> | |||
the effect of stopping the execution of the decree of the Judge below?<lb/> | |||
leaving it to the Judge above to impose on the party appealing<lb/> | |||
the conditional obligation above mentioned? Question then<lb/> | |||
for the consideration of the legislation, but <del><gap/></del> to which <unclear>one</unclear> determinate<lb/> | |||
<gap/> can be given till the very <hi rend="underline">time</hi> of the <unclear>lack</unclear> of<lb/> | |||
<unclear>Privation</unclear> and of the correspondent part of the <unclear>Substantive</unclear> Code<lb/> | |||
has been determined.</p> | |||
<p>In §.18 <hi rend="underline">Incidental Complaint Book</hi> provision is made<lb/> | |||
for the submitting to the Judge above information of every thing<lb/> | |||
which on the occasion in question has been either done or said<lb/> | |||
by the Judge below: thence it is, that no criminal act, positive<lb/> | |||
or negative can he <sic>committ</sic>, but information thereof will<lb/> | |||
find its way to the cognizance of <del>his</del> such his superordinate.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1831 June 26 ++ J
Constitutional Code Copd
Ch. XII. Judiciary collectively
6
But injustice, depredation and oppression to any amount
under colour of justice may in any under any government
be accounted for, and shewn to be natural, by one
notorious matter of fact: namely that under every government
as yet in existence, the system of prevention has been
the product of the labour of a set of men whose interest it
has been that, in so far as for their benefit, in so far
as contributory injustice, depredation and oppression in so
far as contributing thereto, should be maximized.
But the Judge below, in the a case in which it is his
intention to do injustice (and this is a case which must throughout
be provided for) will he then lend his hand to the frustration of
that which by supposition is his own purpose? Should not the
appeal have act of making appeal have, without more ado
the effect of stopping the execution of the decree of the Judge below?
leaving it to the Judge above to impose on the party appealing
the conditional obligation above mentioned? Question then
for the consideration of the legislation, but to which one determinate
can be given till the very time of the lack of
Privation and of the correspondent part of the Substantive Code
has been determined.
In §.18 Incidental Complaint Book provision is made
for the submitting to the Judge above information of every thing
which on the occasion in question has been either done or said
by the Judge below: thence it is, that no criminal act, positive
or negative can he committ, but information thereof will
find its way to the cognizance of his such his superordinate.
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