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<head>1825. <sic>Feb<hi rend="superscript">y.</hi></sic> 24<lb/>Procedure Code</head> <!-- some in pencil --><p>+ 2<lb/><note><sic | <head>1825. <sic>Feb<hi rend="superscript">y.</hi></sic> 24<lb/>Procedure Code</head> <!-- some in pencil --><p>+ 2<lb/><note><sic>Ch.</sic> VI Judicial Application</note><lb/>(2 <note>§. Purposes</note></p> <p><note>2<lb/><sic>Art.</sic>2. Cases <del>in which</del><lb/>not strictly judicial, in which<lb/>the receipt and compliance<lb/>with judicial applications<lb/>may be of use. Example<lb/>I. Business not judicial<lb/>because not contentious<lb/>but <del>the</del> among the operations<lb/>necessary to the due<lb/>performance of it is the<lb/>elicitation of evidence<lb/> | ||
an operation to which<lb/>the exercise of judicial<lb/>power is necessary.</note></p> <p><sic>Art.</sic>2. Cases <gap/> are in which though strictly<lb/>speaking the business is not of a judicial nature, < | an operation to which<lb/>the exercise of judicial<lb/>power is necessary.</note></p> <p><sic>Art.</sic>2. Cases <gap/> are in which though strictly<lb/>speaking the business is not of a judicial nature, <unclear>unusually</unclear><lb/>as no contention <sic>hath</sic> as yet place <del>yet</del> and though<lb/>at the hands of the Judge no <del><gap/></del> <add>judicial</add> <gap/> examination<lb/>of a suit may come to or be intended to be called for<lb/>yet <del>the pri</del> among the powers necessary to be exercised<lb/>for the accomplishment of the desirable purpose, are some<lb/>of those which are indispensably attached to the <add>judicial</add> office of<lb/>Judges. Of this sort is the evidence-checking power and<lb/>function.</p> <p><note>3<lb/><sic>Art.</sic> 3. II Business<lb/>not judicial, but the<lb/>distinction of evidence<lb/>being necessary, the<lb/>result is a demand<lb/>for the exercise of power<lb/>which though they might<lb/>have been exercised by<lb/><gap/> belonging<lb/>to another department<lb/><del>had the <gap/> been <gap/></del><lb/>had those functionaries<lb/>been at hand and<lb/>the facts been known<lb/>in them, yet they not<lb/>being, and the Judge<lb/>being at hand, the operation<lb/>would either not<lb/>have been exercised, or<lb/>not so effectually exercised<lb/>by any hand<lb/>other than those of the<lb/>Judge</note></p> <p><note>Especially if <sic>antecedently</sic><lb/>in the examination it would<lb/>not be known but that<lb/>for the rendering of the service [+]<lb/><!-- continues at the bottom of the page --> [+] needed, services and functions strictly judicial might not be necessary<lb/>Instance, stopping preventing or alternating a calamity suppose a conflagration<lb/>which may have had accident or delinquency<lb/>for its cause.</note></p> <p><sic>Art.</sic> 3 On the present occasion will to be added<lb/>certain powers the demand for the exercise of which is created<lb/>by some accident or other event by which it can not<lb/>without previous enquiry that is to say <add>or say</add> character of evidence<lb/>be ascertained whether or not there may not be like contestation<lb/>and in consequence of it a demand for the exercise<lb/>of powers exclusively <gap/> to the Office of Judge<lb/>Had the state of <del><gap/></del> such been previously known, the<lb/>powers necessary for the production of the discernible effect<lb/>for instance the staying or reparation of calamity in this<lb/>or that shape might <add>perhaps</add> have been exercised by other efficient<lb/>hands: but no such hand being in readiness and those<lb/>of the Judge being in readiness, it is by those that the power<lb/>in question are exercisable with more effect than by any<lb/>other, and by them that <add>it is</add> accordingly fit they should be<lb/>exercised.</p> | ||
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1825. Feby. 24
Procedure Code
+ 2
Ch. VI Judicial Application
(2 §. Purposes
2
Art.2. Cases in which
not strictly judicial, in which
the receipt and compliance
with judicial applications
may be of use. Example
I. Business not judicial
because not contentious
but the among the operations
necessary to the due
performance of it is the
elicitation of evidence
an operation to which
the exercise of judicial
power is necessary.
Art.2. Cases are in which though strictly
speaking the business is not of a judicial nature, unusually
as no contention hath as yet place yet and though
at the hands of the Judge no judicial examination
of a suit may come to or be intended to be called for
yet the pri among the powers necessary to be exercised
for the accomplishment of the desirable purpose, are some
of those which are indispensably attached to the judicial office of
Judges. Of this sort is the evidence-checking power and
function.
3
Art. 3. II Business
not judicial, but the
distinction of evidence
being necessary, the
result is a demand
for the exercise of power
which though they might
have been exercised by
belonging
to another department
had the been
had those functionaries
been at hand and
the facts been known
in them, yet they not
being, and the Judge
being at hand, the operation
would either not
have been exercised, or
not so effectually exercised
by any hand
other than those of the
Judge
Especially if antecedently
in the examination it would
not be known but that
for the rendering of the service [+]
[+] needed, services and functions strictly judicial might not be necessary
Instance, stopping preventing or alternating a calamity suppose a conflagration
which may have had accident or delinquency
for its cause.
Art. 3 On the present occasion will to be added
certain powers the demand for the exercise of which is created
by some accident or other event by which it can not
without previous enquiry that is to say or say character of evidence
be ascertained whether or not there may not be like contestation
and in consequence of it a demand for the exercise
of powers exclusively to the Office of Judge
Had the state of such been previously known, the
powers necessary for the production of the discernible effect
for instance the staying or reparation of calamity in this
or that shape might perhaps have been exercised by other efficient
hands: but no such hand being in readiness and those
of the Judge being in readiness, it is by those that the power
in question are exercisable with more effect than by any
other, and by them that it is accordingly fit they should be
exercised.
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jeremy bentham |
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