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1825. Nov. 8 + | <head>1825. Nov. 8 +<lb/> | ||
Constitutional Code | Constitutional Code</head> | ||
Copied and | <note><hi rend="underline">Copied and<lb/> | ||
Copy corrected | Copy corrected</hi><lb/> | ||
4 Feb 1827. | 4 Feb 1827.</note> | ||
<note>2<hi rend="superscript">o</hi><lb/> | |||
Ch. XII. Judiciary collectively | Ch. XII. Judiciary collectively<lb/> | ||
§.19. Contested interpretation | §.19. Contested interpretation<lb/> | ||
reporting function | reporting function</note> | ||
1 | <p>1</p> | ||
§.21. §.19. Contested-interpretation-reporting function | <p><del>§.21.</del> <add>§.19.</add> Contested-interpretation-reporting function</p> | ||
Art. 1. This function has for its object the keeping the | <p>Art. 1. This function has for its object the keeping the<lb/> | ||
rule of action, and the decisions | rule of action, and the decisions thereupon granted, in all<lb/> | ||
times, in so far as intended by the | times, in so far as intended by the legislature, the time <del><add><gap/></add> <gap/> <add><gap/></add><lb/> | ||
all persons and in all judicatories, and thence as to all persons | all persons and</del> in all judicatories, and thence as to all persons<lb/> | ||
To this end it is thus provided or say for shortness, < | <del>To this end it is thus provided</del> or say for shortness, <del>to</del><lb/> | ||
securing uniformity of decisions. | securing uniformity of decisions.</p> | ||
Art. 2. To this end it is thus provided I Appellate interpretation paper. II. Judge's interpretation paper. On the occasion of an Appeal to wit from | <p>Art. 2. <add>To this end it is thus provided</add> <add>I <hi rend="underline">Appellate interpretation</hi></add> <add>paper</add>. <add>II. <hi rend="underline">Judge's interpretation</hi> paper.</add> On the occasion of an Appeal to wit from<lb/> | ||
an Immediate Ju to the appropriate Appellate Judicatory, | an Immediate <del>Ju</del> to the appropriate Appellate Judicatory,<lb/> | ||
in so far as the <gap/> for the ground <gap/> it rests stands is founded on the ground | in so far as <del>the <gap/> for the ground <gap/></del> <add>it rests <del>stands is founded</del> on the ground</add><lb/> | ||
of law, it will <gap/> an interpretation different | of law, <del>it will <gap/></del> an interpretation different<lb/> | ||
from that put by the Judge will have been put by the | from that put by the Judge will <del>have been put</del> by the<lb/> | ||
party or parties appellant have been put upon some | party or parties appellant have been put upon some<lb/> | ||
<gap/><gap/><gap/> words or assemblage of words in some Article or Articles | <del><gap/><gap/><gap/></del> <add>words or assemblage of words</add> in some Article or Articles<lb/> | ||
of law contained. This being the case, the Judge, < | of law contained. This being the case, the Judge <del><add>Immediate</add></del>, will<lb/> | ||
in pursuing his <gap/> <gap/> <gap/> < | in <unclear>pursuing</unclear> his <gap/> <del><gap/></del> decree <del><gap/></del> <add>call upon</add> to the party<lb/> | ||
or parties appealing appellant to < | or parties <del>appealing</del> <add>appellant</add> to <del>declare</del> deliver to him <del>a form</del> <add>a paper containing</add><lb/> | ||
the words of the | the words of the <gap/> decree they <gap/> for, together with<lb/> | ||
the article or articles on which they ground their demand | the article or articles on which they ground their demand<lb/> | ||
that such words shall therein be employed. To this form form of words | that such words shall therein be employed. To this <del>form</del> <add>form of words</add><lb/> | ||
of words statement he will give <gap/> the appellation of The | <del>of words <add>statement</add></del> he will give <del><add><gap/></add></del> the appellation of <hi rend="underline">The Appellants interpretation</hi>:<lb/> | ||
and at the same time to any such form of | and at the same time to <del>any</del> such form of<lb/> | ||
words as by him are regarded as equivalent to the himself are regarded as being though different from, yet equivalent | words as by <del>him are regarded as equivalent to the</del> <add>himself are regarded as being though different</add> <note>from, yet equivalent<lb/> | ||
to and exactly | to and exactly<lb/> | ||
explanatory of the | explanatory of the</note><lb/> | ||
corresponding form of words in the text of the existing law, he will give | <add>corresponding</add> form of words in the text of the existing law, he will give<lb/> | ||
the appellation of the Judge's Interpretation paper. | the appellation of <hi rend="underline">the Judge's Interpretation</hi> paper.</p> | ||
<p>Art. 3. In so doing he will to the best of his endeavour<lb/> | |||
render his assistance to the appellant in giving expression to<lb/> | |||
his meaning to the best advantage: preparing upon occasion <del><gap/></del><lb/> | |||
for the appellants' <unclear>desire</unclear> any such other <unclear>terms</unclear> as to him<lb/> | |||
the Judge shall appear more apposite any such <unclear>terms</unclear> as in<lb/> | |||
<add>his</add><lb/> | |||
<note>his opinion appear<lb/> | |||
<del>better calcu</del> to afford<lb/> | |||
a better warrant for<lb/> | |||
such decrees <gap/><lb/> | |||
and <gap/> as the<lb/> | |||
appellant demands,<lb/> | |||
instead of those preferred and employed by the Judge.</note></p> | |||
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{{Metadata:{{PAGENAME}}}}{{In_Progress}} | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1825. Nov. 8 +
Constitutional Code
Copied and
Copy corrected
4 Feb 1827.
2o
Ch. XII. Judiciary collectively
§.19. Contested interpretation
reporting function
1
§.21. §.19. Contested-interpretation-reporting function
Art. 1. This function has for its object the keeping the
rule of action, and the decisions thereupon granted, in all
times, in so far as intended by the legislature, the time
all persons and in all judicatories, and thence as to all persons
To this end it is thus provided or say for shortness, to
securing uniformity of decisions.
Art. 2. To this end it is thus provided I Appellate interpretation paper. II. Judge's interpretation paper. On the occasion of an Appeal to wit from
an Immediate Ju to the appropriate Appellate Judicatory,
in so far as the for the ground it rests stands is founded on the ground
of law, it will an interpretation different
from that put by the Judge will have been put by the
party or parties appellant have been put upon some
words or assemblage of words in some Article or Articles
of law contained. This being the case, the Judge Immediate, will
in pursuing his decree call upon to the party
or parties appealing appellant to declare deliver to him a form a paper containing
the words of the decree they for, together with
the article or articles on which they ground their demand
that such words shall therein be employed. To this form form of words
of words statement he will give the appellation of The Appellants interpretation:
and at the same time to any such form of
words as by him are regarded as equivalent to the himself are regarded as being though different from, yet equivalent
to and exactly
explanatory of the
corresponding form of words in the text of the existing law, he will give
the appellation of the Judge's Interpretation paper.
Art. 3. In so doing he will to the best of his endeavour
render his assistance to the appellant in giving expression to
his meaning to the best advantage: preparing upon occasion
for the appellants' desire any such other terms as to him
the Judge shall appear more apposite any such terms as in
his
his opinion appear
better calcu to afford
a better warrant for
such decrees
and as the
appellant demands,
instead of those preferred and employed by the Judge.
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jeremy bentham |
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[[notes_public::"copied and copy corrected" [note in bentham's hand]]] |
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