JB/042/144/001

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1827. July 26. Constitutional Code. Ch. XII. Judiciary Collectively S.22. Application to unwritten Law. 1. In every country not possessing an all-comprehensive written Code, there is a certain proportion of rule of action not written. not brought into existence, but remaining in passee in the breasts of future Judges, the inactive authority thus resting not in the legislature but, by sufferance in the Judge or Judges. 2. In this state of things great is the disadvantage at which the functions in question are exercised. 3. Whatever in this way is done will be but putting here and there a patch of real or an unbounded extent of imaginary law. But, in so far as this is done, proportionate certainty is given, and disappointment thereby prevented. 4. The operation will refer - not only to all future contingent suits, but to the individual suit by which the demand for the exercise of the functions was created. For
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Ch. XII. Judiciary Collectively S.22. Application to unwritten Law. 4 contind. For, knowing that the exercise given by him to each of the four functions, will come under the eye of the Legislature, the Judge will be deterred from any overstrained and arbitrary interpretation. 5. Mode in which exercise may be given to these functions. To an amendment referring to a determinate portion of really existing Law, the Judge will substitute a general rule, expressive of the supposed collective views of the Judges, present and past, on the point in question of the field of Legislation. 6. Placing in this strong light the difference between realy existing and fictitious law, proportionably unacceptable will such an arrangement naturally be to the fraternity of lawyers.
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Ch. XII. Judiciary Collectively S.22. Application to unwritten Law. 7. Course to be pursued by Judge. 1. If he finds a portion of existing law to wh. his proposed enactment is more or less applicable, he will so apply it accordingly. 2 If none, he will give his enactment an independent substantive form. 8. 3. He will give indication of the portion of Books of Reports, where decisions are to be found relating to the subject matter of his proposed Reports. 4. So he will make declaration if no such to be found. 9. How inadequate soever these patches of Statute Law, still it will be so much taken from the mass of evil resulting from fictitious law.
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Ch. XII. Judiciary Collectively S.22. Application to unwritten Law.

Identifier: | JB/042/144/001"JB/" can not be assigned to a declared number type with value 42.
Date_1	1827-07-26	Marginal Summary Numbering	1-9
Box	042	Main Headings	constitutional code
Folio number	144	Info in main headings field	constitutional code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections	jeremy bentham	Paper Produced in Year	1824
Notes public		ID Number	13067
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