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<head>1825. <sic>Feb.</sic> 26<lb/>Procedure Code</head> <p>+ Revised 11 March Not yet copied textwise <!-- page numbers in pencil --> 5 <note>27<lb/><sic>Ch.</sic> VI Judicial Application</note></p> <!-- section titles in pencil --> <p><sic> Ch.</sic> VI. Judiciary <sic>Applicat<hi rend="superscript">n.</hi><lb/>§.5. Proxies, when and why</p> <p>1<lb/><sic>Art.</sic> 1. Objects as to judicial<lb/>applications.<lb/>1. To all desirous, facility<lb/>maximized.<lb/>. | <head>1825. <sic>Feb.</sic> 26<lb/>Procedure Code</head> <p>+ Revised 11 March Not yet copied textwise <!-- page numbers in pencil --> 5 <note>27<lb/><sic>Ch.</sic> VI Judicial Application</note></p> <!-- section titles in pencil --> <p><sic> Ch.</sic> VI. Judiciary <sic>Applicat<hi rend="superscript">n.</hi></sic><lb/>§.5. Proxies, when and why</p> <p>1<lb/><sic>Art.</sic> 1. Objects as to judicial<lb/>applications.<lb/>1. To all desirous, facility<lb/>maximized.<lb/>2. To those unwilling<lb/>to subject themselves<lb/>to the vexation & <sic>expence</sic><lb/>of it, the facility of their<lb/>obtaining, without that<lb/><sic>burthen,</sic> the benefit, that<lb/>would have been<lb/>sought for by it, maximized.</p> <p>2<lb/><sic>Art.</sic> 2 Exceptions excepted,<lb/><sic>aptest</sic> applicant<lb/>the <hi rend="underline">principal</hi> in the<lb/>case: i.e. he whose<lb/>interest in the Judicial<lb/>Service sought<lb/>by it is greatest.</p> <p>3.<lb/><sic>Art.</sic> 3. Exception I.<lb/>Applicant's self regarding<lb/>interest, none:<lb/>motive, benefit to some<lb/>person or persons, perhaps<lb/>unknown to him.<lb/>Example the three cases<lb/>of <hi rend="underline">calamity prevention</hi>,<lb/>as per §.2 <del>purposes</del><lb/><hi rend="underline">Mode oral</hi>.</p> <p>4.<lb/><sic>Art.</sic> 4. Exception II.<lb/>Case of <sic>Cointerestees</sic>:<lb/>interest of all the same</p> <p>5.<lb/><sic>Art.</sic> 5. Case of Trustee<lb/>and <hi rend="underline"><sic>Beneficiendary</sic></hi><lb/><foreign>Anglicé</foreign> <add>or <sic>Beneficiendary</sic></add> <foreign>Cestui que</foreign> trust.<lb/><add>Reason</add> The benefit to the <sic>beneficiendary</sic><lb/>may in this<lb/>case, be greater, if the<lb/>trustee attends for him,<lb/>than if he attended for<lb/>himself</p> <!-- new paragraph mark --><p>2,.<lb/>Or his own attendance<lb/>may be impracticable.</p> <pb/> <!-- start of second column --> <p><sic>Ch.</sic> VI. Judiciary Application<lb/>§.5. Proxies, when and why</p> <p>6.<lb/><sic>Art.</sic> 6. Of the seven purposes<lb/>as per §.2 as to<lb/>the three which regard<lb/>evidence, it may be that<lb/>to the <hi rend="underline"><del>two</del> first</hi> the principal<lb/>is altogether unapt,<lb/>knowing nothing<lb/>of the facts, and as to<lb/>the <del>third</del> <add>second</add> viz. furnishing<lb/>indicative evidence<lb/>less apt than another<lb/>whom he could send.<lb/>In the case of a contentious<lb/>application<lb/>this will frequently<lb/>happen</p> <p>7.<lb/><sic>Art.</sic> 7. As to <add>the <del>third</del> Fourth — viz.</add> <hi rend="underline">responsibility-<lb/><del>sharing <add>securing</add></del> affording</hi><lb/>Evils, against which,<lb/>on the occasion of a <lb/>Judiciary application,<lb/>appropriate security<lb/>may be necessary.<lb/>1. Waste of Judicatory's<lb/>time: thence, delay or<lb/>even denial <sic>efficatied</sic><lb/>to those who otherwise<lb/>would at so much the<lb/>earlier time, have been litigants.<lb/>2. Under vexation & <sic>expence,</sic><lb/>to persons, whose<lb/>interest, according to the<lb/>service demanded by<lb/>the application, may<lb/>come to be <sic>detrimented</sic><lb/>by ulterior proceedings.<lb/>But, in so far as<lb/>the applicant <sic>tho'</sic> he<lb/><del>has</del> <add>be</add> not the principal<lb/>can give as good security<lb/>against these evils as<lb/>the principal could, his<lb/>attendance may be as<lb/>useful as <add>the</add> principal.</p> <pb/> <!-- start of third column --> <p><sic>Ch.</sic> VI. Judiciary Application<lb/>§.5. Proxies, when and why</p> <p>8.<lb/><sic>Art.</sic> 8. As to <add>the <hi rend="underline">fifth</hi></add> accessibility<lb/>securing, <add>or Means of<lb/> communication affording.</add><lb/>Uses of securing adequately<lb/>lasting means of certain<lb/>communication<lb/>with the applicant, two:<lb/>viz<lb/>1. Securing to him, if<lb/>granted, the service demanded.<lb/>2. Securing the public<lb/>and individuals against<lb/>the evils, as per<lb/><sic>Art.</sic> 7.<lb/>Hence the persons,<lb/>communication with<lb/>whom <sic>sh<hi rend="superscript">d</hi></sic> be secured.<lb/>1. the principal, at<lb/>any rate<lb/>2. The applicant, if <del>it<gap/></del><lb/>a person other<lb/>than the principal.<lb/><del> the application is made</del><lb/>But, in so far as this<lb/>security can be as effectually<lb/>afforded by the<lb/>applicant as by the principal,<lb/>the principal's<lb/>attendance is needless.</p> <p>9.<lb/><sic>Art.</sic> 9. <add>As to the sixth</add> <hi rend="underline">Tutelary advice<lb/>receiving.</hi> As to this purpose,<lb/>in so far as the<lb/>need has place, the demand<lb/>for the principal's<lb/>attendance is strongest.<lb/>True it is that if<lb/>the need exists, it may<lb/>be made visible to<lb/>him by the record of<lb/>what passes between<lb/>his proxy & the Judge;<lb/>& that for the purpose of<lb/>such advice, the Judge<lb/>may if he sees reason,<lb/>command the principal's<lb/>attendance. But <del>in</del> <add>on</add> the<lb/>matter of the record, he<lb/>may be more or less ill<lb/>qualified to form a <sic>judgment</sic><lb/>for this purpose.<lb/><!-- continues at the bottom of adjacent column --><add>And [+]</add><lb/>[+] And there may be reason<lb/>for his receiving the Judge's<lb/>advice, though by indolence<lb/>or some other motive, the<lb/>Judge may be prevented<lb/>from commanding his<lb/>attendance for that purpose.</p> <pb/> <!-- start of fourth column --> <p><note>§.5. Proxies, when and why</note></p> <p>10<lb/><sic>Art.</sic> 10. <add>As to the <hi rend="underline">seventh</hi> — </add> Ulterior <del>progress</del><lb/><hi rend="underline"><add>course</add> settling.</hi> If the case be<lb/>such, that the principal<lb/>has need of the Judge's<lb/>tutelary advice, as above,<lb/>the ulterior causes which<lb/>it will be most fit for<lb/>the procedure to receive,<lb/>may depend upon the nature<lb/>of such tutelary advice.</p> <p>These considerations<lb/>will serve as a memento<lb/>to the Judge to be on the<lb/>watch for the need which<lb/>may have place in relation<lb/>to this tutelary advice.</p> <p>11<lb/><sic>Art.</sic> 11. As to <add>the third purpose —</add> <sic>confessorial</sic><lb/>evidence <add>furnishing</add>, for prevention<lb/>of evil to other <sic>interestees,</sic><lb/>true it is, that the attendance<lb/>of the principal<lb/>may, after the attendance<lb/>of the proxy, require to<lb/>be exacted. But supposing<lb/>it exacted time enough<lb/>for such preventative<lb/>purpose, the exaction of it<lb/>in the first instance<lb/>is, to this purpose, needless.</p> | ||
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1825. Feb. 26
Procedure Code
+ Revised 11 March Not yet copied textwise 5 27
Ch. VI Judicial Application
Ch. VI. Judiciary Applicatn.
§.5. Proxies, when and why
1
Art. 1. Objects as to judicial
applications.
1. To all desirous, facility
maximized.
2. To those unwilling
to subject themselves
to the vexation & expence
of it, the facility of their
obtaining, without that
burthen, the benefit, that
would have been
sought for by it, maximized.
2
Art. 2 Exceptions excepted,
aptest applicant
the principal in the
case: i.e. he whose
interest in the Judicial
Service sought
by it is greatest.
3.
Art. 3. Exception I.
Applicant's self regarding
interest, none:
motive, benefit to some
person or persons, perhaps
unknown to him.
Example the three cases
of calamity prevention,
as per §.2 purposes
Mode oral.
4.
Art. 4. Exception II.
Case of Cointerestees:
interest of all the same
5.
Art. 5. Case of Trustee
and Beneficiendary
Anglicé or Beneficiendary Cestui que trust.
Reason The benefit to the beneficiendary
may in this
case, be greater, if the
trustee attends for him,
than if he attended for
himself
2,.
Or his own attendance
may be impracticable.
---page break---
Ch. VI. Judiciary Application
§.5. Proxies, when and why
6.
Art. 6. Of the seven purposes
as per §.2 as to
the three which regard
evidence, it may be that
to the two first the principal
is altogether unapt,
knowing nothing
of the facts, and as to
the third second viz. furnishing
indicative evidence
less apt than another
whom he could send.
In the case of a contentious
application
this will frequently
happen
7.
Art. 7. As to the third Fourth — viz. responsibility-
sharing securing affording
Evils, against which,
on the occasion of a
Judiciary application,
appropriate security
may be necessary.
1. Waste of Judicatory's
time: thence, delay or
even denial efficatied
to those who otherwise
would at so much the
earlier time, have been litigants.
2. Under vexation & expence,
to persons, whose
interest, according to the
service demanded by
the application, may
come to be detrimented
by ulterior proceedings.
But, in so far as
the applicant tho' he
has be not the principal
can give as good security
against these evils as
the principal could, his
attendance may be as
useful as the principal.
---page break---
Ch. VI. Judiciary Application
§.5. Proxies, when and why
8.
Art. 8. As to the fifth accessibility
securing, or Means of
communication affording.
Uses of securing adequately
lasting means of certain
communication
with the applicant, two:
viz
1. Securing to him, if
granted, the service demanded.
2. Securing the public
and individuals against
the evils, as per
Art. 7.
Hence the persons,
communication with
whom shd be secured.
1. the principal, at
any rate
2. The applicant, if it
a person other
than the principal.
the application is made
But, in so far as this
security can be as effectually
afforded by the
applicant as by the principal,
the principal's
attendance is needless.
9.
Art. 9. As to the sixth Tutelary advice
receiving. As to this purpose,
in so far as the
need has place, the demand
for the principal's
attendance is strongest.
True it is that if
the need exists, it may
be made visible to
him by the record of
what passes between
his proxy & the Judge;
& that for the purpose of
such advice, the Judge
may if he sees reason,
command the principal's
attendance. But in on the
matter of the record, he
may be more or less ill
qualified to form a judgment
for this purpose.
And [+]
[+] And there may be reason
for his receiving the Judge's
advice, though by indolence
or some other motive, the
Judge may be prevented
from commanding his
attendance for that purpose.
---page break---
§.5. Proxies, when and why
10
Art. 10. As to the seventh — Ulterior progress
course settling. If the case be
such, that the principal
has need of the Judge's
tutelary advice, as above,
the ulterior causes which
it will be most fit for
the procedure to receive,
may depend upon the nature
of such tutelary advice.
These considerations
will serve as a memento
to the Judge to be on the
watch for the need which
may have place in relation
to this tutelary advice.
11
Art. 11. As to the third purpose — confessorial
evidence furnishing, for prevention
of evil to other interestees,
true it is, that the attendance
of the principal
may, after the attendance
of the proxy, require to
be exacted. But supposing
it exacted time enough
for such preventative
purpose, the exaction of it
in the first instance
is, to this purpose, needless.
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