★ Find a new page to transcribe in our list of Untranscribed Manuscripts
1827. March 13
Penal Procedure CodeCh. Nullification
Art. To an individual of a certain description,
a right, suppose, is conferred by an appropriate
portion of the law: a right say, to remedy in
a certain shape for a wrong in a certain shape
in the event of it's being done.By the Legislature, To the enjoyment
of this right, no condition is annexed: what is
ordained is that in whatever case or instance
the wrong in question has been committed on
one part, sustained on the other, the remedy in
question shall be applied: applied, to wit, by that
authority, the judicial, on which the power of applying
it has been conferred, and the duty obligation
of applying it professed, at least, to be imposed.
With this command absolute and unconditionalized
as it is before his eyes, the Judge,
on application made to him by an individual
by whom the right, as above, had been given,
instead of paying that obedience as it was his
duty to pay to the unconditionalized ordinance
of the Legislature, attaches to it conditions of his
own to the effect, as he well knows and intends
of frustrating it. What other intent can he have
had? The condition, he sees has not been fulfilled.
How should it have been fulfilled? Answer. The
fulfilment was in the nature of the case impossible?
Well – and what was it that rendered it
impossible? It was even this – that by the very man
by whom the condition was imposed, care was
taken that the fulfilment of it should not be
possible. To pay obedience to a Law, what is
necessary, is that the man in question should
have
|
Identifier: | JB/055/329/001"JB/" can not be assigned to a declared number type with value 55. |
|||
|---|---|---|---|
|
1827-03-13 |
|||
|
055 |
Constitutional Code; Procedure Code |
||
|
329 |
Procedure Code |
||
|
001 |
|||
|
Copy/fair copy sheet |
1 |
||
|
recto |
C2 |
||
|
18050 |
|||
