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<head>1823 <sic>Dec<hi rend="superscript">r.</hi></sic><lb/>Constitutional Code.</head> <!-- marginal summaries in pencil --> <p>14<lb/><note>III<lb/><sic>Ch.</sic><lb/>§.</note></p> <p><note>38 or 8<lb/>To Bonaparte's Draughtsman,<lb/>not conducible<lb/>such brevity. | <head>1823 <sic>Dec<hi rend="superscript">r.</hi></sic><lb/>Constitutional Code.</head> <!-- marginal summaries in pencil --> <p>14<lb/><note>III<lb/><sic>Ch.</sic><lb/>§.</note></p> <p><note>38 or 8<lb/>To Bonaparte's Draughtsman,<lb/>not conducible<lb/>such brevity. Without<lb/>leave from Judge he<lb/>allows any man to<lb/>drag into the contest<lb/>any other.</note></p> <p>To <add>By</add> the learned penman of Bonaparte's Code<lb/>no such curtailment was found endurable. Accordingly<lb/>without leave from any Judge, the power of dragging<lb/>any other person whatsoever into a contest thus expensive<lb/>& vexatious was conferred on every individual without exception.</p> <!-- remaining text in Bentham's hand --> <p><note>39 or 9<lb/>Enveloped in a mist<lb/>at the threshold is<lb/>every suit by conflicting<lb/>jurisdictions.</note></p> <p><note>1. Observe first the<lb/>so called inferior Judicatory<lb/><sic>d<hi rend="superscript">o</hi></sic> of the first<lb/>instance.</note></p> <p><note>Here first side<lb/>mentioned the <hi rend="underline">de</hi>fendants<lb/>on this side no person<lb/>allowed to act for himself:<lb/>a professional<lb/>substitute (<foreign><hi rend="underline">avoué</hi></foreign>) he<lb/>must have.</note></p> <p>This much seems unquestionable. Unfortunately at<lb/>the very commencement <!-- brackets in pencil --> [not to speak of penal suits] a <gap/><lb/>must envelop the approach to the so called seat of justice<lb/>At the very threshold may be seen <add>comes</add> a conflict of judicatory<lb/>Take first the <add>sort of</add> judicatory called an inferior tribunal, or<lb/>tribunal of the first instance. <del>What the</del> These other actors<lb/>on this stage, know it may be pretence what it is they<lb/>are <unclear>disy</unclear> <add>doing</add> on it. But to those who <add>can</add> know nothing about it<lb/>but what they see in this Code such knowledge is <add>altogether</add> not so<lb/>easy. What is clear is that <del>without</del> unless he employed<lb/>a professional assistant or rather substitute, a man <add>person</add> is<lb/>not permitted to defend himself. <del>Note</del> <foreign>"Le defenden</foreign> (says<lb/>Article 75) <foreign><gap/> lever .... de constiteur avoué</foreign> <!-- paragraph mark in pencil -->|</p> <p><note>40 or 10<lb/>2. Next not mentioned<lb/>but alluding to, the<lb/>pursuer. <add>So</add> An <foreign><hi rend="underline">avoué</hi></foreign><lb/>he must have. Cause<lb/>of this disorderly and<lb/>confused <add>obscure</add> statement, <hi rend="underline"><gap/></hi></note></p> <p><note>41 or 10<lb/>Thus neither have<lb/>redress against <sic>exjudicial</sic><lb/>nor defence against<lb/>judicial injury can<lb/>a man have, <del>without</del><lb/>unless he will have this<lb/>substitute whose interest is<lb/>opposite to that of the principal<lb/>on whom he is<lb/>thus forced <hi rend="superscript">[+]</hi></note></p> <!-- written along the left hand edge of the page --><p><note>[|] 42 or 12.<lb/>On condition of being this instrument, <del><gap/></del> <add>every</add> man may inflict judicial injury in any shape on every one who can not have one.</note></p> <p>and this is<lb/>to be done by each <foreign>signifie d'avoué à avoué.</foreign>. What<lb/>is declared <add>he declares</add> pointedly <add>explicably</add> is that on the defendants side a person<lb/>must have a professional assistant; which <add>he</add> is dictated by implication,<lb/>as if shame prevented him saying so explicitly<lb/>is that <del>the</del> <add>on</add> the pursuers side a person must have had<lb/>one likewise. Thus it is that in his <add>this</add> system no suitor is<lb/>admitted to the speech of the Judge, nor to any person who<lb/>has not money to hire an <foreign>avoué</foreign>, either on the pursuers side<lb/>or on the defendants side is allowed so much as a chance<lb/>for justice. If he will not or can not pay for the use of this<lb/>instrument, <del>a</del> let a man have received injury to any <unclear>amount</unclear><lb/>without <gap/>, not a chance <del>of</del> for redress is to be his. On the other hand <add>if</add><lb/><!-- continues in the margin --> if <del>he has</del> <add>having</add> money and<lb/><del><gap/></del> he knows the<lb/>instrument, the consequence<lb/>is that of all who can<lb/><!-- continues along the edge of the page -->not or will not have another suit, he has been chosen and <del>he me</del> <add>with</add> this instrument in his hand is empowered <add>an express <gap/></add> to inflict on them <del><gap/> of suffering</del> <add>suffering in every shape</add><lb/>in which it is in the power of the Judge to inflict it.</p> | ||
<p><note>40 or 10<lb/>2. Next not mentioned<lb | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1823 Decr.
Constitutional Code.
14
III
Ch.
§.
38 or 8
To Bonaparte's Draughtsman,
not conducible
such brevity. Without
leave from Judge he
allows any man to
drag into the contest
any other.
To By the learned penman of Bonaparte's Code
no such curtailment was found endurable. Accordingly
without leave from any Judge, the power of dragging
any other person whatsoever into a contest thus expensive
& vexatious was conferred on every individual without exception.
39 or 9
Enveloped in a mist
at the threshold is
every suit by conflicting
jurisdictions.
1. Observe first the
so called inferior Judicatory
do of the first
instance.
Here first side
mentioned the defendants
on this side no person
allowed to act for himself:
a professional
substitute (avoué) he
must have.
This much seems unquestionable. Unfortunately at
the very commencement [not to speak of penal suits] a
must envelop the approach to the so called seat of justice
At the very threshold may be seen comes a conflict of judicatory
Take first the sort of judicatory called an inferior tribunal, or
tribunal of the first instance. What the These other actors
on this stage, know it may be pretence what it is they
are disy doing on it. But to those who can know nothing about it
but what they see in this Code such knowledge is altogether not so
easy. What is clear is that without unless he employed
a professional assistant or rather substitute, a man person is
not permitted to defend himself. Note "Le defenden (says
Article 75) lever .... de constiteur avoué |
40 or 10
2. Next not mentioned
but alluding to, the
pursuer. So An avoué
he must have. Cause
of this disorderly and
confused obscure statement,
41 or 10
Thus neither have
redress against exjudicial
nor defence against
judicial injury can
a man have, without
unless he will have this
substitute whose interest is
opposite to that of the principal
on whom he is
thus forced [+]
[|] 42 or 12.
On condition of being this instrument, every man may inflict judicial injury in any shape on every one who can not have one.
and this is
to be done by each signifie d'avoué à avoué.. What
is declared he declares pointedly explicably is that on the defendants side a person
must have a professional assistant; which he is dictated by implication,
as if shame prevented him saying so explicitly
is that the on the pursuers side a person must have had
one likewise. Thus it is that in his this system no suitor is
admitted to the speech of the Judge, nor to any person who
has not money to hire an avoué, either on the pursuers side
or on the defendants side is allowed so much as a chance
for justice. If he will not or can not pay for the use of this
instrument, a let a man have received injury to any amount
without , not a chance of for redress is to be his. On the other hand if
if he has having money and
he knows the
instrument, the consequence
is that of all who can
not or will not have another suit, he has been chosen and he me with this instrument in his hand is empowered an express to inflict on them of suffering suffering in every shape
in which it is in the power of the Judge to inflict it.
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Identifier: | JB/055/053/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-12 |
38 or 6 - 41 or 10, 42 or 12 |
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055 |
Constitutional Code; Procedure Code |
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053 |
Constitutional Code |
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001 |
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Text sheet |
1 |
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recto |
D14 |
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J WHATMAN TURKEY MILL 1823 |
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Jonathan Blenman |
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1823 |
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17774 |
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