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<p>Constitutional Code</p> | <p>Constitutional Code</p> | ||
Ch.XII, Judiciary Collectively. | <p>Ch.XII, Judiciary Collectively.</p> | ||
S. | <p>S.3<del>5</del>6 Judicatories &c.</p> | ||
Account and Claim | <p>Account and Claim</p> | ||
Common properties | <p>1.</p> | ||
1. Antagonization without | <p>Common properties</p> | ||
contestation. | <p>1. Antagonization without<lb/> | ||
2. Evidence written: | contestation.</p> | ||
<p>2. Evidence written:<lb/> | |||
interrogated: this a | unsworn, uncounter-<lb/> | ||
voucher. | interrogated: this a<lb/> | ||
2 | <hi rend="underline">voucher</hi>.</p> | ||
Anglice, Judicatory imperfect: | <p>2</p> | ||
Judge: Advocate | <p>Anglice, Judicatory imperfect:<lb/> | ||
in accounts for | Judge: Advocate<lb/> | ||
pursuer: | in <hi rend="underline">accounts</hi> for<lb/> | ||
in claims, | <hi rend="underline">pursuer</hi>: in claims,<lb/> | ||
for Defendant | for Defendant.</p> | ||
3. | <p>3.</p> | ||
<p>Case 3.</p> | |||
1. A. has intrusted to | <p>1. A. has intrusted to<lb/> | ||
B. money &c. in large | B. money &c. in large<lb/> | ||
masses, to be disposed | masses, to be disposed<lb/> | ||
of in small. B. accounts | of in small. B. accounts<lb/> | ||
by | by showing the disposal,<lb/> | ||
Judicatory here an | Judicatory here an<lb/> | ||
audit. | audit.</p> | ||
2 A. has in hand money | <p>2 A. has in hand money<lb/> | ||
&c in a large mass, | &c in a large mass,<lb/> | ||
to be disposed of in | to be disposed of in<lb/> | ||
small claimants, | small claimants,<lb/> | ||
they showing their | they showing their<lb/> | ||
grounds - Judicatory | grounds - Judicatory<lb/> | ||
here a Court of Claims. | here a Court of Claims.</p> | ||
3. A & B. have each disposed | <p>3. A. & B. have each disposed<lb/> | ||
of money &c for | of money &c for<lb/> | ||
the benefit each of the | the benefit each of the<lb/> | ||
other, in sums large | other, in sums large<lb/> | ||
or small: this to be | or small: this to be<lb/> | ||
shewn by each. Judicatories | shewn by each. Judicatories<lb/> | ||
for these, the | for these, the<lb/> | ||
ordinary ones.</p> | |||
4. | <p>4.</p> | ||
Government giving out | <p>Government giving out<lb/> | ||
and holding money | and holding money<lb/> | ||
& in the largest masses | & in the largest masses<lb/> | ||
and in such Audit | and in such Audit<lb/> | ||
Courts & Courts of Claims | Courts & Courts of Claims<lb/> | ||
as have been established, | as have been established,<lb/> | ||
Government | Government<lb/> | ||
has been a party, appointing | has been a party, appointing<lb/> | ||
also the Judge | also the Judge<lb/> | ||
or Judges.<pb/> | or Judges.</p><pb/> | ||
Ch.XII. Judiciary Collectively. | <p>Ch.XII. Judiciary Collectively.</p> | ||
S. | <p>S.<del>24</del>36 Judicatories &c</p> | ||
Account and Claim | <p>Account and Claim</p> | ||
For a perfectly composed | <p>5.</p> | ||
Judicatory, | <p>For a perfectly composed<lb/> | ||
need greater here than | Judicatory,<lb/> | ||
in ordinary cases. | need greater here than<lb/> | ||
1. Interests at stake greater. | in ordinary cases.</p> | ||
2. So, exposure to fraud | <p>1. Interests at stake greater.</p> | ||
and oppression. | <p>2. So, exposure to fraud<lb/> | ||
6. | and oppression.</p> | ||
Cause of the omission. | <p>6.</p> | ||
The Judge, being its instrument, | <p>Cause of the omission.<lb/> | ||
Government | The Judge, being its instrument,<lb/> | ||
needs no Advocate. | Government<lb/> | ||
7. | needs no Advocate.</p> | ||
Secure the locators | <p>7.</p> | ||
regard themselves of | <p>Secure the locators<lb/> | ||
the fidelity of their instrument: | regard themselves of<lb/> | ||
viz to their | the fidelity of their instrument:<lb/> | ||
particular interests. | viz to their<lb/> | ||
2. To d<hi rend="superscript">o</hi>.: of Government | particular interests.</p> | ||
in so far as it agrees | <p>2. To d<hi rend="superscript">o</hi>.: of Government<lb/> | ||
with | in so far as it agrees<lb/> | ||
8. | with their's.</p> | ||
Cause why Governmt. | <p>8.</p> | ||
is left without an advocate. | <p>Cause why Governmt.<lb/> | ||
He, having to | is left without an advocate.<lb/> | ||
give reasons openly, | He, having to<lb/> | ||
could give none but | give reasons openly,<lb/> | ||
such as pleaded for the | could give none but<lb/> | ||
public, and could | such as pleaded for the<lb/> | ||
not for any sinister | public, and could<lb/> | ||
interest or wish of the | not for any sinister<lb/> | ||
interest or wish of the<lb/> | |||
being omitted, any ruler | locators - the Advocate<lb/> | ||
can whisper wishes | being omitted, any ruler<lb/> | ||
to any Judge. | can whisper wishes<lb/> | ||
9. | to any Judge.</p> | ||
Hence, people's interest | <p>9.</p> | ||
requires constant | <p>Hence, people's interest<lb/> | ||
ministry of a Government | requires constant<lb/> | ||
Advocate. | ministry of a Government<lb/> | ||
Ruler's sinister interest, | Advocate.<lb/> | ||
the constant absence.<pb/> | Ruler's sinister interest,<lb/> | ||
the constant absence.</p><pb/> | |||
<p>§. Located how,- all that belongs to C<gap/> <gap/><lb/> | |||
the diff regards, <hi rend="underline">Anglice</hi></p> | |||
<p>Ch. XII. Judicary Collectively.</p> | |||
<p>S.<del>25</del>.36 Judicatories &c</p> | |||
<p>Account and Claim</p> | |||
<p>10.</p> | |||
<p>11. So an Eleemosynary<lb/> | |||
Advocate.</p> | |||
<p>1. For check on Judge<lb/> | |||
as in all cases.</p> | |||
<p>2. Because, in both<lb/> | |||
cases, there may be individuals<lb/> | |||
unable to<lb/> | |||
defray the expence of<lb/> | |||
the means of justice:<lb/> | |||
in particular, means<lb/> | |||
of probation - sources<lb/> | |||
of evidence being, in<lb/> | |||
these cases, particularly<lb/> | |||
apt to be distant.</p> | |||
11. | |||
Though the Judicatory | |||
shld. be ordinary, locator | |||
shd. be extraordinary: | |||
to wit, not a Judge | |||
principal any where | |||
but the Justice Minister: | |||
12 | |||
Reasons. Quantity of | |||
lbaour needed at the | |||
same time, boundless. | |||
2 Evil from avoidable | |||
delay, a a maximum, | |||
on account of the distance<lb/> | |||
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.<pb/> | |||
Ch. XII Judiciary Collectively | |||
§ Located law | |||
§ 24 30 Judicatories for Accounts | |||
and claim | |||
Instruction | |||
§.4 Expository matter<lb/> | |||
Common properties of | |||
thir imperfect judication | |||
1.2.3:4.21 28. 25 26 | |||
§.2. Need perfect do | |||
greater in this than | |||
others | |||
5.6 | |||
8.35 <add>Gov. Advocate</add> Why not supplied | |||
6.7.8.9 | |||
§.74. Eleemosynary needful, | |||
why | |||
10 | |||
§.5. <gap/> apt locaters | |||
not Judge principal | |||
but Justice Minister | |||
11.12 | |||
§.6. Candidates how to | |||
obtain. | |||
13. | |||
§.7. Dispatch <add>and publicity</add> would be | |||
the interest both of Government | |||
and locater. | |||
14. 15. 16. | |||
§.8. But such for all | |||
the Metropolis | |||
17 | |||
§.9. English practice generally | |||
<add>all</add> evils opposite to the | |||
ends of justice | |||
18.19.20.22.23.24 | |||
<del>25</del><pb/> | |||
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
Reasons. Quantity of
lbaour 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
thir imperfect judication
1.2.3:4.21 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 would be
the interest both of Government
and locater.
14. 15. 16.
§.8. But such for all
the Metropolis
17
§.9. English practice generally
all evils opposite to the
ends of justice
18.19.20.22.23.24
25
---page break---
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