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<head>1824. March 27 +<lb/> | <head>1824. March 27 +<lb/> | ||
Constitutional Code. | Constitutional Code. Cop<hi rend="superscript">d</hi></head> | ||
<note> | <note>ult<hi rend="superscript">o</hi><lb/> | ||
Ch. XI. Judiciary collectively<lb/> | Ch. XI. Judiciary collectively<lb/> | ||
§. Justice for the poorest</note> | §. Justice for the poorest</note> | ||
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<p>5</p> | <p>5</p> | ||
<p>Art. 10. Of the money Art. 10. Of such moneys as shall have come to be provided by government for the defraying of the<lb/> | <p><del>Art. 10. Of the money</del> <add>Art. 10. Of such moneys as</add> <add>shall</add> <add>have come to be</add> provided <add>by government</add> for the defraying of the<lb/> | ||
natural part natural portion of the <gap/> necessary expence of litiscontestation <gap/><lb/> | <del>natural part</del> <add>natural portion</add> of the <del><gap/></del> necessary <sic>expence</sic> of litiscontestation <gap/><lb/> | ||
on both sides, the aggregate mass will compose what may be stiled The<lb/> | on both sides, the aggregate mass <add>will compose what</add> may be <sic>stiled</sic> <hi rend="underline">The<lb/> | ||
Equal Justice-fund.</p> | Equal Justice-fund</hi>.</p> | ||
<p>Art. 11. In Of this fund may be distinguished made distinguishable two<lb/> | <p>Art. 11. In <del><add>Of</add></del> this fund may be <del>distinguished</del> <add>made distinguishable</add> two<lb/> | ||
branches: 1. the pr regular, or say the principal; 2. the<lb/> | branches: 1. the <del>pr</del> regular, or say the principal; 2. the<lb/> | ||
incidental, eventual, or supplemental fund.</p> | incidental, eventual, or supplemental fund.</p> | ||
<p>Art. 12. I. The Regular branch. This will be composed of the produce<lb/> | <p>Art. 12. I. The Regular <add>branch. This</add> will be composed of the produce<lb/> | ||
of pecuniary penalties, imposed on all actors in as<lb/> | of pecuniary penalties, imposed <del>on all actors</del> <unclear>in <add>as</add></unclear><lb/> | ||
for transgression in any shape, by any <gap/> one of the actors in<lb/> | for transgression in any shape, by any <del><gap/></del> one of the actors in<lb/> | ||
the judicial theatre: but more particularly on the parties on<lb/> | the judicial theatre: but more particularly on <del>the</del> parties on<lb/> | ||
both sides, of the each the suit in case of <gap/> transgression<lb/> | both sides, <del>of the each <add>the</add> suit</del> in case of <del><gap/></del> transgression<lb/> | ||
in any shape, <gap/> <gap/> the character of an offence against<lb/> | in any shape, <del><gap/> <add><gap/></add> the character of an offence against</del><lb/> | ||
in which it is susceptible of the denomination of an offence against justice,<lb/> | <add>in which it is</add> susceptible of the denomination of an <hi rend="underline">offence against justice</hi>,<lb/> | ||
more especially of those, to which the several denominations<lb/> | more especially of those, to which the several denominations<lb/> | ||
of juridical vexation, and juridical falshood is are applicable. <note>As to those offences see the<lb/> | of <hi rend="underline">juridical vexation</hi>, and <hi rend="underline">juridical falshood</hi> <del>is</del> <add>are</add> applicable. <note>As to those offences see the<lb/> | ||
Penal Code and the Procedure Code(a).</note></p> | Penal Code and the Procedure Code<hi rend="superscript">(a)</hi>.</note></p> | ||
<p>Note (a)</p> | <p>Note (a)</p> | ||
<p>(a) I. Juridical vexation. of which the three Identification, <gap/><lb/> | <p><hi rend="superscript">(a)</hi> I. Juridical vexation. <del>of which the three</del> <unclear>Identification</unclear>, <del><gap/></del><lb/> | ||
1. vexation accompanied with evil consciousness, with or say consciousness<lb/> | 1. vexation accompanied with evil consciousness, <del>with</del> <add>or say</add> consciousness<lb/> | ||
of wrong: and 2. vexation accompanied with<lb/> | of wrong: <del>and</del> 2. vexation accompanied with<lb/> | ||
temerity or say with rashness: the pursuit in defence <gap/> in this case not accompanied with actual consciousness<lb/> | temerity or say with rashness: <add><del>the</del> pursuit in defence <del><gap/></del></add> <add>in this case</add> not accompanied with <add>actual</add> consciousness<lb/> | ||
of wrong, but carried on in such circumstances<lb/> | of wrong, but carried on in such circumstances<lb/> | ||
that, with if accompanied with that sort and degree of | that, <del>with</del> if accompanied with that sort and degree of <add>care <del>and</del></add> <del>reflection</del><lb/> | ||
which ought to have been bestowed upon the case and may<lb/> | which ought to have been bestowed upon the case and may<lb/> | ||
without undue hardship be exacted, would (it is presumed) have produce sufficed<lb/> | without undue hardship be exacted, would <add>(it is presumed)</add> have <del>produce</del> <add>sufficed</add><lb/> | ||
to produce <gap/><gap/><gap/> <gap/><gap/> that same self-<gap/> accusing<lb/> | to produce <del><gap/><gap/><gap/> <add><gap/><gap/></add></del> that same self-<del><gap/></del> <add>accusing</add><lb/> | ||
consciousness.</p> | consciousness.</p> | ||
<p>Art. <gap/><gap/><gap/> juridical vexation</p> | <p><del>Art. <gap/><gap/><gap/> juridical vexation</del></p> | ||
1824. March 27 +
Constitutional Code. Copd
ulto
Ch. XI. Judiciary collectively
§. Justice for the poorest
5
Art. 10. Of the money Art. 10. Of such moneys as shall have come to be provided by government for the defraying of the
natural part natural portion of the necessary expence of litiscontestation
on both sides, the aggregate mass will compose what may be stiled The
Equal Justice-fund.
Art. 11. In Of this fund may be distinguished made distinguishable two
branches: 1. the pr regular, or say the principal; 2. the
incidental, eventual, or supplemental fund.
Art. 12. I. The Regular branch. This will be composed of the produce
of pecuniary penalties, imposed on all actors in as
for transgression in any shape, by any one of the actors in
the judicial theatre: but more particularly on the parties on
both sides, of the each the suit in case of transgression
in any shape, the character of an offence against
in which it is susceptible of the denomination of an offence against justice,
more especially of those, to which the several denominations
of juridical vexation, and juridical falshood is are applicable. As to those offences see the
Penal Code and the Procedure Code(a).
Note (a)
(a) I. Juridical vexation. of which the three Identification,
1. vexation accompanied with evil consciousness, with or say consciousness
of wrong: and 2. vexation accompanied with
temerity or say with rashness: the pursuit in defence in this case not accompanied with actual consciousness
of wrong, but carried on in such circumstances
that, with if accompanied with that sort and degree of care and reflection
which ought to have been bestowed upon the case and may
without undue hardship be exacted, would (it is presumed) have produce sufficed
to produce that same self- accusing
consciousness.
Art. juridical vexation
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