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these cases, particularly<lb/> | these cases, particularly<lb/> | ||
apt to be distant.</p> | apt to be distant.</p> | ||
11. | <p>11.</p> | ||
Though the Judicatory | <p>Though the Judicatory<lb/> | ||
sh<hi rend="superscript">ld</hi>. be ordinary, locator<lb/> | |||
sh<hi rend="superscript">d</hi>. be extraordinary:<lb/> | |||
to wit, not a Judge | to wit, not a Judge<lb/> | ||
principal any where | principal any where<lb/> | ||
but the Justice Minister: | but the Justice Minister:</p> | ||
12 | <p>12</p> | ||
<p>Reason 1. Quantity of<lb/> | |||
labour needed at the<lb/> | |||
same time, boundless. | same time, boundless.</p> | ||
2 Evil from avoidable | <p>2 Evil from avoidable<lb/> | ||
delay, a a maximum, | delay, a a maximum,<lb/> | ||
on account of the distance<lb/> | on account of the distance<lb/> | ||
of the evidence. | of the evidence.</p> | ||
3. No Judicatory could | <p>3. No Judicatory could<lb/> | ||
afford a Acceptors if | afford a Acceptors if<lb/> | ||
Judge powers adequate. | Judge powers adequate.</p> | ||
13. | <p>13.</p> | ||
Appropriate made | <p>Appropriate made<lb/> | ||
of obtaining candidates, | of obtaining candidates,<lb/> | ||
Justice Minister | Justice Minister <lb/> | ||
modifies the number | modifies the number<lb/> | ||
of each class needed, | of each class needed,<lb/> | ||
offers recovered received | offers <del>recovered</del> received<lb/> | ||
from the Department | from the Department<lb/> | ||
of all sub-districts | of all sub-districts<lb/> | ||
& Districts | & Districts<lb/> | ||
that have served | that have served<lb/> | ||
their term.<pb/> | their term.</p><pb/> | ||
Ch. XII Judiciary Collectively | <p>Ch. XII Judiciary Collectively</p> | ||
§ Located law | <p>§ Located law</p> | ||
§ 24 30 Judicatories for Accounts | <p>§ <del>24</del> 30 Judicatories for Accounts<lb/> | ||
and claim | and claim</p> | ||
Instruction | <p>Instruction</p> | ||
§.4 Expository matter<lb/> | <p>§.4 Expository matter<lb/> | ||
Common properties of | Common properties of<lb/> | ||
their imperfect judication | |||
1.2.3:4. | 1.2.3:4.23 28. 25 26</p> | ||
§.2. Need perfect | <p>§.2. Need perfect d<hi rend="superscript">o</hi><lb/> | ||
greater in this than | greater in this than<lb/> | ||
others | others</p> | ||
5.6 | <p>5.6</p> | ||
8. | <p>8.<del>3</del>5 <add>Gov. Advocate</add> Why not supplied<lb/> | ||
6.7.8.9 | 6.7.8.9</p> | ||
§. | <p>§.<del>7</del>4. Eleemosynary needful,<lb/> | ||
why | why</p> | ||
10 | <p>10</p> | ||
§.5. <gap/> apt locaters | <p>§.5. <gap/> apt locaters <lb/> | ||
not Judge principal | not Judge principal<lb/> | ||
but Justice Minister | but Justice Minister<lb/> | ||
11.12 | 11.12</p> | ||
§.6. Candidates how to | <p>§.6. Candidates how to<lb/> | ||
obtain. | obtain.</p> | ||
13. | <p>13.</p> | ||
§.7. Dispatch <add>and publicity</add> | <p>§.7. Dispatch <add>and publicity</add> <del>will</del> be<lb/> | ||
the interest both of Government | the interest both of Government<lb/> | ||
and locater. | and locater.<lb/> | ||
14. 15. 16. | 14. 15. 16.</p> | ||
§.8. But such for all | <p>§.8. But such for all <lb/> | ||
the Metropolis | the Metropolis</p> | ||
17 | <p>17</p> | ||
§.9. English practice | <p>§.9. English practice generates<lb/> | ||
<add>all</add> evils opposite to the | <add>all</add> evils opposite to the<lb/> | ||
ends of justice | ends of justice<lb/> | ||
18.19.20.22.23.24 | 18.19.20.22.23.24<lb/> | ||
<del>25</del><pb/> | <del>25</del></p><pb/> | ||
| Line 213: | Line 213: | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825 Dieu 16. Part ofOne revision employed in Ch. X!! add call ammendments.
Constitutional Code
Ch.XII, Judiciary Collectively.
S.356 Judicatories &c.
Account and Claim
1.
Common properties
1. Antagonization without
contestation.
2. Evidence written:
unsworn, uncounter-
interrogated: this a
voucher.
2
Anglice, Judicatory imperfect:
Judge: Advocate
in accounts for
pursuer: in claims,
for Defendant.
3.
Case 3.
1. A. has intrusted to
B. money &c. in large
masses, to be disposed
of in small. B. accounts
by showing the disposal,
Judicatory here an
audit.
2 A. has in hand money
&c in a large mass,
to be disposed of in
small claimants,
they showing their
grounds - Judicatory
here a Court of Claims.
3. A. & B. have each disposed
of money &c for
the benefit each of the
other, in sums large
or small: this to be
shewn by each. Judicatories
for these, the
ordinary ones.
4.
Government giving out
and holding money
& in the largest masses
and in such Audit
Courts & Courts of Claims
as have been established,
Government
has been a party, appointing
also the Judge
or Judges.
---page break---
Ch.XII. Judiciary Collectively.
S.2436 Judicatories &c
Account and Claim
5.
For a perfectly composed
Judicatory,
need greater here than
in ordinary cases.
1. Interests at stake greater.
2. So, exposure to fraud
and oppression.
6.
Cause of the omission.
The Judge, being its instrument,
Government
needs no Advocate.
7.
Secure the locators
regard themselves of
the fidelity of their instrument:
viz to their
particular interests.
2. To do.: of Government
in so far as it agrees
with their's.
8.
Cause why Governmt.
is left without an advocate.
He, having to
give reasons openly,
could give none but
such as pleaded for the
public, and could
not for any sinister
interest or wish of the
locators - the Advocate
being omitted, any ruler
can whisper wishes
to any Judge.
9.
Hence, people's interest
requires constant
ministry of a Government
Advocate.
Ruler's sinister interest,
the constant absence.
---page break---
§. Located how,- all that belongs to C
the diff regards, Anglice
Ch. XII. Judicary Collectively.
S.25.36 Judicatories &c
Account and Claim
10.
11. So an Eleemosynary
Advocate.
1. For check on Judge
as in all cases.
2. Because, in both
cases, there may be individuals
unable to
defray the expence of
the means of justice:
in particular, means
of probation - sources
of evidence being, in
these cases, particularly
apt to be distant.
11.
Though the Judicatory
shld. be ordinary, locator
shd. be extraordinary:
to wit, not a Judge
principal any where
but the Justice Minister:
12
Reason 1. Quantity of
labour needed at the
same time, boundless.
2 Evil from avoidable
delay, a a maximum,
on account of the distance
of the evidence.
3. No Judicatory could
afford a Acceptors if
Judge powers adequate.
13.
Appropriate made
of obtaining candidates,
Justice Minister
modifies the number
of each class needed,
offers recovered received
from the Department
of all sub-districts
& Districts
that have served
their term.
---page break---
Ch. XII Judiciary Collectively
§ Located law
§ 24 30 Judicatories for Accounts
and claim
Instruction
§.4 Expository matter
Common properties of
their imperfect judication
1.2.3:4.23 28. 25 26
§.2. Need perfect do
greater in this than
others
5.6
8.35 Gov. Advocate Why not supplied
6.7.8.9
§.74. Eleemosynary needful,
why
10
§.5. apt locaters
not Judge principal
but Justice Minister
11.12
§.6. Candidates how to
obtain.
13.
§.7. Dispatch and publicity will be
the interest both of Government
and locater.
14. 15. 16.
§.8. But such for all
the Metropolis
17
§.9. English practice generates
all evils opposite to the
ends of justice
18.19.20.22.23.24
25
---page break---
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