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1824. April 21 | |||
Constitutional Code. | |||
IV | |||
Ch. 5. Judiciary Collectively | |||
§. <gap/> indicate | |||
function | |||
<p>< | 2 | ||
5 | |||
Art. 5. Difficult sometimes it may | |||
be to determine whether | |||
the imperfection is in the | |||
design or the expression. | |||
But so long as any | |||
person is at liberty | |||
to give indication of it | |||
in either case, no practical | |||
inconvenience can follow | |||
<p>Art. 5 In some cases it may be matter of more or less | |||
difficulty for a man to satisfy himself whether it is in | |||
the design or in the ordinance made in prosecution of it, | |||
that the supposed imperfection has its seat: but so long | |||
as in any case, any person who pleases <add>is so inclined</add> is at liberty to | |||
indicate the supposed imperfection, and propose what in his | |||
view of the matter is the most apt remedy, whatsoever be | |||
on this occasion the uncertainty, no practical inconvenience | |||
seems capable of <add>liable to</add> <del><gap/></del> resulting from it. </p> | |||
<note>6 | |||
Art. 6. Sole cases attended | |||
with material difference | |||
1. Suggester, a Judge do | |||
not a Judge. | |||
2. If a Judge, a Judge | |||
acting as such on the occasion | |||
in question; or not | |||
so acting: in which case | |||
he is on the footing of a | |||
non-Judge.</note> | |||
<p>Art. 6 The differences and the only material differences seem | |||
to be those which regard the two following cases. 1. The person by | |||
whom the suggestion is made is he an individual other than the a | |||
Judge or is he the <add>a</add> Judge. <gap/> If a Judge is he a Judge | |||
having <add>actual</add> experience of the matter, or a Judge at large: in | |||
which latter case the footing he stands upon in this respect is not very | |||
materially different from that of the an individual at large. 2. <gap/> If | |||
a Judge having experience of the matter, it must be, <del>as the consequence <add>except where he</add> | |||
of</del> unless he be empowered to act spontaneously, be either | |||
in consequence of an act <gap/> already instituted, <add>in relation to the subject matter</add> or antecedently | |||
to any such act already instituted.</p> | |||
<p>In either of these cases the exercise of the practice by <add>on the part of</add> the Judge <del><gap/></del> is in the <unclear>nature</unclear><!-- could also be "ratio" or "nation" --> of the case dependent upon the act of an individual at <unclear>large</unclear> namely the applicant unless in the state of things as the others, calls upon the Judge to <del><gap/></del> to give exercise to his authority — </p> | <p>In either of these cases the exercise of the practice by <add>on the part of</add> the Judge <del><gap/></del> is in the <unclear>nature</unclear><!-- could also be "ratio" or "nation" --> of the case dependent upon the act of an individual at <unclear>large</unclear> namely the applicant unless in the state of things as the others, calls upon the Judge to <del><gap/></del> to give exercise to his authority — </p> | ||
1824. April 21
Constitutional Code.
IV Ch. 5. Judiciary Collectively §. indicate function
2
5 Art. 5. Difficult sometimes it may be to determine whether the imperfection is in the design or the expression. But so long as any person is at liberty to give indication of it in either case, no practical inconvenience can follow
Art. 5 In some cases it may be matter of more or less difficulty for a man to satisfy himself whether it is in the design or in the ordinance made in prosecution of it, that the supposed imperfection has its seat: but so long as in any case, any person who pleases is so inclined is at liberty to indicate the supposed imperfection, and propose what in his view of the matter is the most apt remedy, whatsoever be on this occasion the uncertainty, no practical inconvenience seems capable of liable to resulting from it.
6 Art. 6. Sole cases attended with material difference 1. Suggester, a Judge do not a Judge. 2. If a Judge, a Judge acting as such on the occasion in question; or not so acting: in which case he is on the footing of a non-Judge.
Art. 6 The differences and the only material differences seem to be those which regard the two following cases. 1. The person by whom the suggestion is made is he an individual other than the a Judge or is he the a Judge. If a Judge is he a Judge having actual experience of the matter, or a Judge at large: in which latter case the footing he stands upon in this respect is not very materially different from that of the an individual at large. 2. If a Judge having experience of the matter, it must be, as the consequence except where he of unless he be empowered to act spontaneously, be either in consequence of an act already instituted, in relation to the subject matter or antecedently to any such act already instituted.
In either of these cases the exercise of the practice by on the part of the Judge is in the nature of the case dependent upon the act of an individual at large namely the applicant unless in the state of things as the others, calls upon the Judge to to give exercise to his authority —
In this case, and in this alone, it is be preferred to issue, to the in form as well as in effect, a list of substantially valid power of legislation: the imitation at any rate, as so so far as conscionably what is made requested to be by an individual. It can be termed an imitation: to which it is required to add, in default of an imitation content as as the first of the legislation, this ensures .
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