JB/041/087/001

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1826. Jany. 1 1831 July 30
Constitutional Code. Ch. XIV Immediate Deputes Ooccasional
§. 3. Insructional Powers Referees deputable

Bu, it may be said if have not What may occurr, is – that On this occasion
they will not find produce in compliance
compliance will not be produced by them or any body: and
if it can not be had without application to the Judge
it is by him and hime alone that if exercised it will
have been exercised. If then he exercises it without enquiry
into the case, in a word without reading a record of it
he will thereby render himself responsible for the conduct
of those comparatively untried and unknown individuals
by whom he no such security for appropriate moral
aptitude is afforded as is afforded by Deputes permanent,
in whose instance by whom it is viewed as a
among the necessary conditions to all hopes of location in
the situation of Judge principal. On the other hand
as often as for the purpose in question he reads the
record, in this case here, besides that the decree will
have been grounded on inferior evidence evidence in a less trustworthy shape, here is the
same delay produced as if he a formal Appeal to
him had been made: so that by this expedient no
time is saved.

The answer is – that 1. where it is by consent of
parties that the cognizance of the suit is given, here
as to eventual compensation for wrong to either his responsibility is remitted.
is remitted. 2. As to giving his fuel to the exercise of authority
coercive power where no such previous consent has
been given, it be what he is not obliged to do in any instance,
and he may be trusted to for not exercising it to his
own prejudice, this under these circumstances is the power in question, liable likely to remain
altogether without exercise: nor not a few will be the cases,
in which the smoothness of the importance, the situation and
circumstances of the parties
and the character of the
proposed Depute being considered
in conjunction, the
risk incurred by granting the authority without inquiring into the case may appear too slight to call for a refusal. This being general visible⊞1
⊞1 compliance will in general
be given to the mandates of a
Depute so located, as a matter⊞2
⊞2 of course, just as it would
have been to the pr those of the principal
as if a Depute permanent.

Identifier: | JB/041/087/001"JB/" can not be assigned to a declared number type with value 41.
Date_1	1826-01-01	Marginal Summary Numbering	Not numbered
Box	041	Main Headings	Constitutional Code
Folio number	087	Info in main headings field	Constitutional Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	Recto"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	C3 / C2 / E2
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	001
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