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<head>1827. May 8 5<lb/> | <head>1827. May 8 5<lb/> | ||
Constitutional Code | Constitutional Code Cop<hi rend="superscript">d</hi></head> | ||
<note>Ch. XII. Judiciary collectively<lb/> | <note>Ch. XII. Judiciary collectively<lb/> | ||
Line 11: | Line 11: | ||
<p>5</p> | <p>5</p> | ||
<p>Instructional. Exemplificative<lb/> | <p><hi rend="underline">Instructional. <del>Exemplificative</del></hi><lb/> | ||
Art. 10. Adequate, it is believed, to <gap/> the purpose<lb/> | Art. 10. Adequate, it is believed, to <del><gap/></del> the purpose<lb/> | ||
of giving, in the most effectual manner, and with least delay<lb/> | of giving, in the most effectual manner, and with least delay<lb/> | ||
vexation and expence, will be found to be to the aggregate of the mandates, efficient by the aggregate body of the Judges, is the aggregate of the<lb/> | vexation and <sic>expence</sic>, <del>will be found to be</del> <add>to the aggregate of the mandates, efficient by the aggregate body of the Judges, is</add> the aggregate of the<lb/> | ||
function, <gap/> allotted in and by this Code allotted, to the aggregate of | function, <del><gap/> allotted</del> in <add>and by</add> this Code <add>allotted, to the aggregate of</add> to <del>wit in the <gap/><lb/> | ||
applying to the functionaries belonging to the Judicial Department: adequate to the purpose<lb/> | applying to</del> <add>the functionaries belonging to</add> the Judicial Department: adequate <del>to the purpose</del><lb/> | ||
or at any rate not wanting much of being so, in respect not only of<lb/> | or at any rate not wanting much of being so, in respect <add>not only</add> of<lb/> | ||
< | <del>clearness</del> comprehensiveness, but also of <del>clearness and<lb/> | ||
comprehensiveness, clearness and simplicity: clearness to the<lb/> | comprehensiveness,</del> clearness and simplicity: clearness to the<lb/> | ||
exclusion of obscurity and ambiguity; simplicity, or say non-<lb/> | exclusion of obscurity and ambiguity; <hi rend="underline">simplicity</hi>, or say <hi rend="underline">non-<lb/> | ||
complexity or non-complicatedness, for the sake of clearness.</p> | complexity</hi> or <hi rend="underline">non-complicatedness</hi>, for the sake of <hi rend="underline">clearness</hi>.</p> | ||
<p>Instructional<lb/> | <p><hi rend="underline">Instructional</hi><lb/> | ||
Art. 11. In respect of these several desirable properties,<lb/> | Art. 11. In respect of these several desirable properties,<lb/> | ||
<gap/> in a greater or less degree, will it is believed <gap/> be <note>found to fall short of these</note><lb/> | <del><gap/></del> in a greater or less degree, <add>will</add> it is believed <del><gap/></del> be <note>found to fall short of these</note><lb/> | ||
be found to be the provision made aggregate of the arrangements that have in every other as yet established<lb/> | <del>be found to be</del> the <del>provision made</del> <add>aggregate of the arrangements <del>that have</del></add> in every <del>other</del> as yet established<lb/> | ||
Pannomion, in whatsoever nation established.</p> | <hi rend="underline">Pannomion</hi>, in whatsoever nation established.</p> | ||
<!-- Horizontal line --> | <!-- Horizontal line --><!-- In pencil: Take fresh sheet --> | ||
<p>Instructional. | <p><hi rend="underline">Instructional</hi>. <hi rend="underline">Exemplificative</hi><lb/> | ||
Art. 12. In a much greater degree, in respect of<lb/> | Art. 12. In a <add>much</add> greater degree, in respect of<lb/> | ||
these several requisites will the arrangements in the English<lb/> | these several requisites will the arrangements in the English<lb/> | ||
body of law — real and fictitious — Statute law and so called Common<lb/> | body of law — real and fictitious — Statute <add>law</add> and so called Common<lb/> | ||
Law put together — be found to fall short as above, | Law put together — be found to fall short as above, than <gap/> in<lb/> | ||
most inapt of the arrangements of any of the Codes having for their<lb/> | <del>most <unclear>inapt</unclear> of the arrangements of</del> <add>any of</add> the Codes having for their<lb/> | ||
ground the Roman Law. Witness the examples following</p> | ground the Roman Law. Witness the examples following</p> | ||
<p>1. For In Westminster Hall Procedures, for Common Law | <p>1. <del>For</del> <add>In Westminster Hall Procedures, for</add> Common Law <add>Judges and <del>correspondent</del></add> <add>Common Law</add> <add>Procedure</add> so called in contradistinction to Equity <add>Judges</add> <note>and <del>correspondent</del> <add>Equity</add> Procedure</note><lb/> | ||
one a different set of ministerial officers functionaries acting by one a different set of rules,</p> | <del>one</del> <add>a different</add> set of ministerial <del>officers</del> <add>functionaries</add> acting by <del>one</del> <add>a different</add> set of rules,</p> | ||
<p>2. For <gap/> so called the species of Law called Equity with<lb/> | <p><!-- This para is deleted -->2. For <gap/> so called the species of Law called Equity with<lb/> | ||
its Judges and correspondent Procedure another a different set of ministerial<lb/> | its Judges and correspondent Procedure another <add>a different</add> set of ministerial<lb/> | ||
officers acting by a different set of rules,</p> | officers acting by a different set of rules,</p> | ||
<p>2. For So for in Common Law Procedure, for Kings Bench Common Law Judges and Procedure, and and<lb/> | <p>2. <del>For</del> <add>So, <del>for</del> in Common Law Procedure, for</add> Kings Bench Common Law Judges and Procedure, <del>and</del> <add>and</add><lb/> | ||
Common Plea Common Law Common Pleas Judges and Procedure. <gap/><gap/> of Ministerial</p> | <del>Common Plea Common Law</del> <add>Common Pleas Judges</add> and Procedure. <del><gap/><gap/> of Ministerial</del></p> | ||
<p>3. So, in Equity Procedure for Chancery Judges and Procedure, and Exchequer Judges and Procedure.[+]1<lb/> | <p>3. So, in Equity Procedure for Chancery Judges and Procedure, and <note>Exchequer Judges and Procedure.<hi rend="superscript">[+]1</hi></note><lb/> | ||
Officers in some respects different, and acting by different rules.</p> | Officers in some respects different, and acting by different rules.</p> | ||
4. That Exchequer Judges and Procedures, <gap/><gap/><gap/> officers <note>acting by different Rules<lb/> | <!-- This para is deleted -->4. That Exchequer Judges and Procedures, <gap/><gap/><gap/> officers <note>acting by different Rules<lb/> | ||
Each Equity Judge <gap/><lb/> | Each Equity Judge <gap/><lb/> | ||
sort of Monster composed<lb/> | sort of Monster composed<lb/> | ||
of two <gap/> such as not to<lb/> | of two <gap/> such as not to<lb/> | ||
be seen <gap/> <gap/><lb/> | be seen <gap/> <gap/><lb/> | ||
<gap/><gap/><gap/> glewed together</note> | <gap/><gap/><gap/> <add><sic>glewed</sic> together</add></note> | ||
<!-- Left margin --><note>[+]1 4. So in Common Law Procedure, for Exchequer Judges and Procedure on the one part and Kings Bench Judges and Procedure and Common Pleas Judges and<lb/> | <!-- Left margin --><note><hi rend="superscript">[+]1</hi> 4. So in Common Law Procedure, for Exchequer Judges and Procedure on the one part and Kings Bench Judges and Procedure and Common Pleas Judges and<lb/> | ||
Procedure on the other part.<!-- Paragraph mark --><lb/> | Procedure on the other part.<!-- Paragraph mark --><lb/> | ||
<lb/> | <lb/> | ||
Note here that each Exchequer Judge is a compound of two mutually non intercommunicating beings.[+]2</note> | Note here that each Exchequer Judge is a compound of two mutually non-intercommunicating beings.<hi rend="superscript">[+]2</hi></note> | ||
<note><!-- Right margin --><gap/> each looking different ways each impeding the motion of the other, | <note><!-- Right margin --><hi rend="superscript"><gap/></hi> each looking different ways each impeding the motion of the other, <add>in</add> <add>in having powers for tying together hands and stopping the feet of the other</add> and neither of them knowing <del>what the other <gap/> thinks or <gap/></del> <add>what passes within the others mind.</add><hi rend="superscript">[+]3</hi></note> | ||
<note>[+]3 Similar to Of this factitious<lb/> | <note><hi rend="superscript">[+]3</hi> <del>Similar to</del> <add>Of</add> this factitious<lb/> | ||
monster a representative may be seen a<lb/> | monster <del>a representative</del> <add>may be seen a</add><lb/> | ||
may be found natural | <del>may be found</del> <add>natural representation</add> in the sort<lb/> | ||
of | of <unclear>foetus</unclear> <del><gap/></del> composed of<lb/> | ||
a pair of twins glewed<lb/> | a pair of twins <sic>glewed</sic><lb/> | ||
back to back by the<lb/> | back to back by the<lb/> | ||
hand of Nature</note> | hand of Nature</note> | ||
<p>5. For So In Justice-of-Peace Law, Judges and correspondent as<lb/> | <p>5. <del>For</del> <add>So In</add> Justice-of-Peace Law, <del><add>are</add> Judges and correspondent as<lb/> | ||
Procedures another a different set of Ministerial Officers, acting by a different<lb/> | Procedures another <add>a different</add> set of Ministerial Officers, acting by a different<lb/> | ||
set of rules. as contradistinguished from Westminster Hall Law<lb/> | set of rules.</del> as contradistinguished from Westminster Hall Law<lb/> | ||
Judges and Procedure | Judges and Procedure <add><unclear>are still more widely</unclear></add> different as between one and the other<lb/> | ||
sort of law.</p> | sort of law.</p> | ||
1827. May 8 5
Constitutional Code Copd
Ch. XII. Judiciary collectively
§.3. Judiciary functionaries
5
Instructional. Exemplificative
Art. 10. Adequate, it is believed, to the purpose
of giving, in the most effectual manner, and with least delay
vexation and expence, will be found to be to the aggregate of the mandates, efficient by the aggregate body of the Judges, is the aggregate of the
function, allotted in and by this Code allotted, to the aggregate of to wit in the
applying to the functionaries belonging to the Judicial Department: adequate to the purpose
or at any rate not wanting much of being so, in respect not only of
clearness comprehensiveness, but also of clearness and
comprehensiveness, clearness and simplicity: clearness to the
exclusion of obscurity and ambiguity; simplicity, or say non-
complexity or non-complicatedness, for the sake of clearness.
Instructional
Art. 11. In respect of these several desirable properties,
in a greater or less degree, will it is believed be found to fall short of these
be found to be the provision made aggregate of the arrangements that have in every other as yet established
Pannomion, in whatsoever nation established.
Instructional. Exemplificative
Art. 12. In a much greater degree, in respect of
these several requisites will the arrangements in the English
body of law — real and fictitious — Statute law and so called Common
Law put together — be found to fall short as above, than in
most inapt of the arrangements of any of the Codes having for their
ground the Roman Law. Witness the examples following
1. For In Westminster Hall Procedures, for Common Law Judges and correspondent Common Law Procedure so called in contradistinction to Equity Judges and correspondent Equity Procedure
one a different set of ministerial officers functionaries acting by one a different set of rules,
2. For so called the species of Law called Equity with
its Judges and correspondent Procedure another a different set of ministerial
officers acting by a different set of rules,
2. For So, for in Common Law Procedure, for Kings Bench Common Law Judges and Procedure, and and
Common Plea Common Law Common Pleas Judges and Procedure. of Ministerial
3. So, in Equity Procedure for Chancery Judges and Procedure, and Exchequer Judges and Procedure.[+]1
Officers in some respects different, and acting by different rules.
4. That Exchequer Judges and Procedures, officers acting by different Rules
Each Equity Judge
sort of Monster composed
of two such as not to
be seen
glewed together
[+]1 4. So in Common Law Procedure, for Exchequer Judges and Procedure on the one part and Kings Bench Judges and Procedure and Common Pleas Judges and
Procedure on the other part.
Note here that each Exchequer Judge is a compound of two mutually non-intercommunicating beings.[+]2
each looking different ways each impeding the motion of the other, in in having powers for tying together hands and stopping the feet of the other and neither of them knowing what the other thinks or what passes within the others mind.[+]3
[+]3 Similar to Of this factitious
monster a representative may be seen a
may be found natural representation in the sort
of foetus composed of
a pair of twins glewed
back to back by the
hand of Nature
5. For So In Justice-of-Peace Law, are Judges and correspondent as
Procedures another a different set of Ministerial Officers, acting by a different
set of rules. as contradistinguished from Westminster Hall Law
Judges and Procedure are still more widely different as between one and the other
sort of law.
Identifier: | JB/042/222/001"JB/" can not be assigned to a declared number type with value 42. |
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1827-05-08 |
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042 |
constitutional code |
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222 |
constitutional code |
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001 |
instructional / instructional exemplificative |
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text sheet |
1 |
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recto |
c1 / d5/ e5 |
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jeremy bentham |
j whatman turkey mill 1826 |
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admiral pavel chichagov |
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1826 |
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"copd" |
13145 |
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