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<p>1826. July 30<lb/> | |||
<head>Penal Code or Procedure Code</head><note>Ch. Jurisprudential Section</note></p> | |||
<p>A command being the generic name of the really<lb/> | |||
existing instrument of power called <hi rend="underline">a law</hi> <del>call this com</del><lb/> | |||
let <add>call</add> a <hi rend="underline">quasi-command</hi> be the name of that counterfeit<lb/> | |||
instrument feigned to answer the purpose of it to produce<lb/> | |||
the effects of it for the purpose of <unclear>making</unclear> the Judge to<lb/> | |||
produce, in the way of exacting compliance <add>by the compliance exacted</add>, the effects<lb/> | |||
of a law.</p> | |||
<p><del>The <gap/></del> Of this appellation the use and end<lb/> | |||
will be seen in the <del>Co</del> Procedure Code on the occasion of<lb/> | |||
the formula called the Demand paper provided for the<lb/> | |||
purpose of giving commencement to a suit in that same<lb/> | |||
Code.</p> | |||
<p><del>If the</del> Supposing the <gap/> <add>connection</add> between a command<lb/> | |||
in the mandatory form and a proposition in the <unclear>assertive</unclear><lb/> | |||
form made out and explained – whatsoever proposition<lb/> | |||
would if emanated from the legislative constitute an appropriate<lb/> | |||
ground for <add>the</add> <hi rend="underline">demand</hi> <del><gap/></del> to wit the Desired insertion<lb/> | |||
in the <hi rend="underline">Demand paper</hi> elsewhere spoken of, a proposition to<lb/> | |||
that same effect might equally well serve if stated<lb/> | |||
as being a proposition conformable to the doctrine of the<lb/> | |||
Common Law. In the one case the proposition would be<lb/> | |||
a reality, in the other case a fiction: in the one case <add>what ever the <del><gap/></del> proper word</add> would<lb/><lb/> | |||
not be open to dispute <add>if it could not be a subject matter of dispute</add>, in the other case it <del>would</del> might<lb/> | |||
be and would frequently be the subject matter of dispute,<lb/> | |||
still however in the character of a ground of reference it would<lb/> | |||
in both cases be equally intelligible.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} | ||
1826. July 30
Penal Code or Procedure CodeCh. Jurisprudential Section
A command being the generic name of the really
existing instrument of power called a law call this com
let call a quasi-command be the name of that counterfeit
instrument feigned to answer the purpose of it to produce
the effects of it for the purpose of making the Judge to
produce, in the way of exacting compliance by the compliance exacted, the effects
of a law.
The Of this appellation the use and end
will be seen in the Co Procedure Code on the occasion of
the formula called the Demand paper provided for the
purpose of giving commencement to a suit in that same
Code.
If the Supposing the connection between a command
in the mandatory form and a proposition in the assertive
form made out and explained – whatsoever proposition
would if emanated from the legislative constitute an appropriate
ground for the demand to wit the Desired insertion
in the Demand paper elsewhere spoken of, a proposition to
that same effect might equally well serve if stated
as being a proposition conformable to the doctrine of the
Common Law. In the one case the proposition would be
a reality, in the other case a fiction: in the one case what ever the proper word would
not be open to dispute if it could not be a subject matter of dispute, in the other case it would might
be and would frequently be the subject matter of dispute,
still however in the character of a ground of reference it would
in both cases be equally intelligible.
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