JB/055/055/001

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1823. Decr. 10.
Constitutional Code or Procedure

16
Ch.
(2) §.

47 or 17
Cases 3.
1. Power to Judge to redress
hear and redress
2. to hear but not
redress
3. No power to redress
or hear

Between these cases
to attempt to settle
the distinction would
require a volume:
after which the matter
would be obscurer
than before.

In speaking of this Judge, a description is given
of three sorts of cases. 1st Cases in which he has
power to give redress as well as to hear: 2. Cases
in which he has power to hear, but none to give
redress: 3. Cases in which he is not to meddle. So
much for the three genera: but to settle what species
belong respectively to these several genera,
would require a volume composed as this Code
is composed, which column written the matter
would be still darker than before.

48 or 18<lb/.where this Judicatory
can neither act nor hear
the inferior court above
it must it should ,
be if any the one applied to.
where it may hear
and out, it looks as if
the other might be so
likewise. See Art. 17

In the cases
in which this Court which is below the inferior
court is not to meddle, the inferior Court is the
court into which the suit must come, if into
any in cases in which this lowest Court has
power to act as well as to hear, it looks as if the
Court next above it might act likewise, that is to
say, that the suitor may proceed in the one or the
other at his choice.

49 or 19
Where it can do nothing,
nothing can the
other Judicatory, and be
do all this has done
it nothing

In the case in which it may hear every
thing but can do nothing, nothing can the Court
next above it do, till this lowest Court has node
its nothing.

50 or 20
To this case apply
the words reconciliation and peace. To
effect the reconciliation is
the function committed
to the Judge of Peace.

In this case it is, that reconciliation
as well as peace is the word. To bring about a
r3concilation between the parties, is the amiable & dignified function
allotted to the Judge of Peace. On this occasion
the parties are not peremptorily excluded from
the presence of their Judge: they may see him together,
if they both please. But they may, each of them,
see him by proxy only, if such be their choice.<lb?>Where the Tribunal of First Instance is the Judicatory
the name of this proxy is an Avoué<foreign>
where it is the Court below the inferior Court, he
is <foreign>Fondé de pouvoir

<p.51 or 21
As to meeting and seeing one another
before the Judge, permission
yes but obligation none [+]
permission is given to employ a Fondé de pouvoir. Imagine here whether he is not the avoué under this other name.

Whether anything what
is saved to the this change
of denomination
may be left to be
imagined. Whether

1823. Decr. 10.
Constitutional Code or Procedure

16
Ch.
(2) §.

47 or 17
Cases 3.
1. Power to Judge to redress
hear and redress
2. to hear but not
redress
3. No power to redress
or hear

Between these cases
to attempt to settle
the distinction would
require a volume:
after which the matter
would be obscurer
than before.

In speaking of this Judge, a description is given
of three sorts of cases. 1st Cases in which he has
power to give redress as well as to hear: 2. Cases
in which he has power to hear, but none to give
redress: 3. Cases in which he is not to meddle. So
much for the three genera: but to settle what species
belong respectively to these several genera,
would require a volume composed as this Code
is composed, which column written the matter
would be still darker than before.

48 or 18<lb/.where this Judicatory
can neither act nor hear
the inferior court above
it must it should ,
be if any the one applied to.
where it may hear
and out, it looks as if
the other might be so
likewise. See Art. 17

In the cases
in which this Court which is below the inferior
court is not to meddle, the inferior Court is the
court into which the suit must come, if into
any in cases in which this lowest Court has
power to act as well as to hear, it looks as if the
Court next above it might act likewise, that is to
say, that the suitor may proceed in the one or the
other at his choice.

49 or 19
Where it can do nothing,
nothing can the
other Judicatory, and be
do all this has done
it nothing

In the case in which it may hear every
thing but can do nothing, nothing can the Court
next above it do, till this lowest Court has node
its nothing.

50 or 20
To this case apply
the words reconciliation and peace. To
effect the reconciliation is
the function committed
to the Judge of Peace.

In this case it is, that reconciliation
as well as peace is the word. To bring about a
r3concilation between the parties, is the amiable & dignified function
allotted to the Judge of Peace. On this occasion
the parties are not peremptorily excluded from
the presence of their Judge: they may see him together,
if they both please. But they may, each of them,
see him by proxy only, if such be their choice.<lb?>Where the Tribunal of First Instance is the Judicatory
the name of this proxy is an Avoué<foreign>
where it is the Court below the inferior Court, he
is <foreign>Fondé de pouvoir

<p.51 or 21
As to meeting and seeing one another
before the Judge, permission
yes but obligation none [+]
permission is given to employ a Fondé de pouvoir. Imagine here whether he is not the avoué under this other name.

Whether anything what
is saved to the this change
of denomination
may be left to be
imagined. Whether

Identifier: | JB/055/055/001"JB/" can not be assigned to a declared number type with value 55.
Date_1	1823-12-10	Marginal Summary Numbering	47 or 17 - 51 or 21
Box	055	Main Headings	Constitutional Code; Procedure Code
Folio number	055	Info in main headings field	Constitutional Code and Procedure
Image	001	Titles
Category	Copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C2 / D16
Penner		Watermarks	J WHATMAN TURKEY MILL 1823
Marginals	Jeremy Bentham	Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1823
Notes public		ID Number	17776
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