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<head>1823. <sic>Dec<hi rend="superscript">r.</hi></sic> 11<lb/>Constitutional Code <add>or Procedure</add></head> <!-- marginal summaries in pencil --> <p | <head>1823. <sic>Dec<hi rend="superscript">r.</hi></sic> 11<lb/>Constitutional Code <add>or Procedure</add></head> <!-- marginal summaries in pencil --> <p>15<lb/><note><sic>Ch.</sic></note><lb/>(1) <note>§.</note></p> <p><note>43 or 13<lb/>Lot of the parties thus<lb/>placed in the hands of the<lb/>two Lawyers, they are<lb/>expressly empowered to<lb/>play with each other's<lb/>heads: they exchange<lb/> <unclear><hi rend="underline">picus</hi></unclear> (<del>representa</del> <add>evidences</add> and written<lb/> instruments) these are valid<lb/>or void as they come<lb/>before and as often as any<lb/>one is void, <add>repeated are</add> operations,<lb/>instruments, and fees.</note></p> <p>The lot <add>fate</add> of the two parties being thus placed in the hands<lb/>of the two <foreign>Avoucés</foreign>, every thing <del>profes</del> <add>gone</add> on between them in<lb/>the most perfect harmony: they exchange (<gap/>) <unclear><hi rend="underline">pieces</hi></unclear>)<lb/>evidence and <add>written</add> instruments of all sorts: they play into one<lb/>or another hands: instruments are void or valid as<lb/>they can agree.</p> <p><note>44 or 14<lb/>Comes now the<lb/>conflict with it, the<lb/>mist.</note></p> <p><note>In diverse cases, before<lb/>he can apply to this <del>first<lb/>and</del> inferior judicatory<lb/>of the first instance, stands<lb/>one below it, <del>wit</del> <add>to</add> which<lb/>he is forced to apply<lb/>Name of the Judicatory<lb/>Conciliative Court; from<lb/>Denmark: of the Judge,<lb/>Judge of the Peace: from<lb/>England.</note></p> <p>But now comes the mist, for now comes the<lb/>conflict. Say the sort of Judicatory called a Tribunal<lb/>inferior and a Tribunal <gap/> <gap/> of the<lb/>first instance a <del>as would be</del> conclusion a man would<lb/><gap/> <add><unclear>plan</unclear></add> a man would ultimately take for granted is — that<lb/>in every case if he were not obliged to begin his cause<lb/><unclear>in either</unclear> first tribunal <add>judicatory</add> he is at any rate allowed and<lb/>entitled so to do. Oh no! <add>for <gap/> thing</add> before this first <unclear>judicatory</unclear><lb/>comes another. <del>The</del> the Conciliative Court: for that is the<lb/>name of it. <!-- remaining text not in Bentham's hand --> Conciliation is for shortness, instead<lb/>of Reconciliation. This Court has<lb/>but a single Judge in it: official name,<lb/>Judge of the Peace</p><!-- paragraph mark in pencil --> <p><note>45 or 15<lb/>Good words rulers are<lb/>ready to pick up and<lb/>employ: good laws not<lb/>equally so.</note></p> <p>Reconciliation is<lb/>one good thing: peace is another good thing.<lb/>Reconciliation is taken from Denmark:<lb/>peace for England. Good words men<lb/>in power are ready enough to pick up<lb/>and use <add>employ</add> wherever they see them <add>they serve for varnish</add>: but good<lb/>words and good laws are not exactly<lb/>the same thing.</p><!-- paragraph mark in pencil --> <p><note>46 or 16<lb/>Mysterious the nature<lb/>and attribution of this<lb/>Judge.</note></p> <p><note>In some case he has<lb/>power: in others, not.<lb/>in some, his superiors<lb/>can act without him:<lb/><add>having acted:</add> in others not.</note></p> <p>This Judge, whose place<lb/>as hath been seen is the lowest, <del>t</del>, is a<lb/>sort of Proteus. In some cases he has<lb/>power: in others he has none: in some cases,<lb/>his superiors can act without him <add>his having acted</add>: in others they can not.</p> | ||
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1823. Decr. 11
Constitutional Code or Procedure
15
Ch.
(1) §.
43 or 13
Lot of the parties thus
placed in the hands of the
two Lawyers, they are
expressly empowered to
play with each other's
heads: they exchange
picus (representa evidences and written
instruments) these are valid
or void as they come
before and as often as any
one is void, repeated are operations,
instruments, and fees.
The lot fate of the two parties being thus placed in the hands
of the two Avoucés, every thing profes gone on between them in
the most perfect harmony: they exchange () pieces)
evidence and written instruments of all sorts: they play into one
or another hands: instruments are void or valid as
they can agree.
44 or 14
Comes now the
conflict with it, the
mist.
In diverse cases, before
he can apply to this first
and inferior judicatory
of the first instance, stands
one below it, wit to which
he is forced to apply
Name of the Judicatory
Conciliative Court; from
Denmark: of the Judge,
Judge of the Peace: from
England.
But now comes the mist, for now comes the
conflict. Say the sort of Judicatory called a Tribunal
inferior and a Tribunal of the
first instance a as would be conclusion a man would
plan a man would ultimately take for granted is — that
in every case if he were not obliged to begin his cause
in either first tribunal judicatory he is at any rate allowed and
entitled so to do. Oh no! for thing before this first judicatory
comes another. The the Conciliative Court: for that is the
name of it. Conciliation is for shortness, instead
of Reconciliation. This Court has
but a single Judge in it: official name,
Judge of the Peace
45 or 15
Good words rulers are
ready to pick up and
employ: good laws not
equally so.
Reconciliation is
one good thing: peace is another good thing.
Reconciliation is taken from Denmark:
peace for England. Good words men
in power are ready enough to pick up
and use employ wherever they see them they serve for varnish: but good
words and good laws are not exactly
the same thing.
46 or 16
Mysterious the nature
and attribution of this
Judge.
In some case he has
power: in others, not.
in some, his superiors
can act without him:
having acted: in others not.
This Judge, whose place
as hath been seen is the lowest, t, is a
sort of Proteus. In some cases he has
power: in others he has none: in some cases,
his superiors can act without him his having acted: in others they can not.
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Identifier: | JB/055/054/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-12-11 |
43 or 13 - 46 or 16 |
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055 |
Constitutional Code; Procedure Code |
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054 |
Constitutional Code or Procedure |
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001 |
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Text sheet |
1 |
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recto |
C1 / D15 |
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17775 |
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