JB_041_008_001.xml

Title: [1824. Aug. 2 ++ Constitutional Code]

Description: 1824. Aug. 2 ++

Constitutional Code. Corrected from the

Copy.

Ch. XIII Immediate Judge S. 17.

Soluble who

Note in Instructions to the Legislator.

24 Art 24 In Ch. IX Ministers

collectively §. 12 Locable who and §. 13,

line is given to general scheme of Public Instruction for

erudite functionaries in Administrative Subdepartments.

If Desirable in those not less so

is it so in Judiciary. No occupations are not

liable to come within cognizance of judicial functionaries particularly

Judges Desirable therefore that when the scheme of has become

acceptable to all whose pecuniary means allow them to

place themselves in the erudite class as per Ch. XVI.

Quere Jury, no one should be liable in any

Judiciary selection even as Definite

who has not been placed upon the Administrative

, as above The time when the society is ripe for this

improvement, the Legistature will fix

Art. 24.

In Ch. XI Ministers collectively .§. 12 Locable

also and §. 13. Located how, is exhibited a general scheme of

public instruction, for

functionaries of the erudite class, as per

Ch. XIV

Deference

. |. and Ch. XVI

Jury. S.. in all Administrative

Subdepartments.

Whether

by functionaries belonging to the judicial department, this same

benefit shall or shall not be shared, can

scarcely be a matter of indifference. In the whole field

of human action no imaginable occupation can be

assigned, the business of

which is not, in some way or other, liable to come

within the cognizance of the functionaries concerned in jurisdiction.

In when whatever the matter in dispute,

whatever it be, receives its decision.

Accordingly a thing to be desired is - that so soon as the number

scheme of instruction

a such sort established itself as to be

of those, by whom this benefit has been shared, is risen

to such a magnitude,

acceptable to all whose pecuniary means enable them to

as to contain in it a number able and willing to afford an adequate

in the erudite class act only

person

in the

as per Ch. XI.

S. and Ch. XVI.

Jury.. S.

situation of Judge principal but with situation of Judge

depute

supply to the several magisterial situations in the Judiciary

department, Deputes

permanent, as per

and

of Pursuer and Defender

permanent as well as principals included, no person who has not

shared

principal and Depute should be liable, who

in that same benefit should be liable in any one of

those same situations.

same manner in the

belonging to the Administrative

Department

himself on the

their members

Location lists

To

By the light of to

fix the time, when society is open

for improvement in this shape will be among the cures of the

Legislature.

25 Art. 25. Example. Earliest age for Judge Depute

permanent, say 21:: after two service years as per Ch. XIII §. 17 Art. 1

earliest age for Immediate Judge principal 23 years. Anterior to 21, there

will be abundant for reaping the full benefit of the Public Instruction

System as per Ch. XI. §. 17. Locable

Art. 25. Example. Earliest age, at which a person shall be

employable as Judge Depute permanent, suppose 21 years: if so,

after completion of his two service years as per Ch.

XIII S. 17. Art. 1., the earliest age, at which a Judge Depute

permanent will be locable in the situation of

Immediate Judge principal, will be 23 years. Anterior to

the age of 21 there will be ample time for a person to have reaped the

benefit of that same system of Public

Instruction as per Ch. XI.

S. Locable when in its full extent.

JB_021_180.xml

Title: [1823 Feb. 9 Greece. Arrangements established]

Description: 1823 Feb. 9

Greece. Arrangements established © Epidaurian Congress 13/25 Jan¼y¼.¼ 1822

Art 1 Art 1. Approved 2 Droits politiques © Non©Greeks excluded from. See 13. 14

Wanted ”definition• or explanation of ”indigenes• 3. Equality © Approved. 4. As

to Civil rights foreigners equal with Greeks. Approved. 5 See the law when

worded. 6 Equality as to capacity as to functions. Approved 7 Property etc

guaranteed Approved 8 Taxes equal. Approved. 9. 10. 32. [...?] 1. Legislative 2.

”Executive•. See á³á á³á Disapproved. The one stiled Executive has an equal

share in legislation with the one stiled Legislative. 11. 12 See á³á á³á 13 From

seat in legislature excluded 1. Non Greeks 2. Persons under 30 14 Of titles to

seats, the Senate Judge Approved, if procedure apt. 15. 16 Senate chooses its

own functionaries © annually. Approved. 17 Senates Elections annual. 18. 19

Exec. Council. Members, five: Senators ineligible Not approved. See á³á á³á

Arrangemts proposable See Art. á³á á³á. 20 Ministers 8. Not approved © Too many

Named in Ex. Council 21 Ex. Council names to all Offices. Not approved 22 Ex.

Councils functions last no more than one year. Approved © so long as thus

extensive 23 Temporary. Approved 24. 25 Senates Existence and continuance depend

on President. Disapproved 25 Disapproved Senate should sit constantly 26

Approved © follows of course 27 2/3 a Quorum Not approved Much fewer should

suffice A minority might paralyse the whole. 28. 29 Majority validates. Approved

30. 31. 57. 24 27. 36. 46. 54 56 57 Signatures required Veto [...?] Disapproved

32. See 9. 33. Petitions from all. Approved 34. 35. Councellors Approved. 36.

See 30. 37. Senate receives Bills from Council. See 9. 38. War and Peace and

Treaties belong to Senate. Approved. Truces and Armistices excepted © Definition

needful 39 To Senate Council submitts annually Finance demand with Ways and

Means: and Accounts of Expenditure Temporary exceptionr Approved 40 Military

Promotions Council proposes: Senate confirms or negatives 41 Rewards for

”services• ”grounds• Civil or Military. Extra do © Disapproved? Inducements,

yes: for every thing else © Natural Reward with Promotion suffices. Beware of

Jobs. 42 Money. Senate fixes. Approved 43 National independence secured against

foreign intrigues. If Council commences one Senate accuses Council's President:

if Guilty, displaced. N.B. At the end of Congress term, this no punishment. 44

Newspaper Reporters right of access to Senate: Secret Committees excepted

Approved. But of no Committees should the proceedings be perpetually secret. 45.

46. 47. Senates Secretaries © functions 48. 49. 50. 51. Senators and Counsellors

penal responsibility. Consider this. 52. 53 Council collectively inviolable. 53

Council President accusable and judgeable by Senate Compare this with Councils

Veto on Legislation. 32. 54. 55. See 30 Council executes /causes/ the laws by

Ministers Not approved 55. an undisguised Veto © 54 a disguised. 56 To Council,

a disguised ”Veto• ”antecedent• Disapproved To Ministers admission option; on

each, in business belonging to his department, obligatory Approved: Better were

the obligation extended?

JB_034_062_001.xml

Title: [1823. Aug. 18. Jun. Dec. 23. Procedure]

Description: 1823. Aug. 18. Jun. Dec. 23.

Procedure

II. Exposition

Ch. Quasi Jury ( )

Ch. Quasi Jury Operative

S.3. Quasi-Jury Communicative Functions Of

42. or 6. Communicative

Art.6. Occasion where Quasi Jury takes part. On a point of law or fact of law, or both, preannounced in writing, after parties heard, judge is to pronounce decision: previously or subsequently thereto, he propounded the point to Quasi Jury: they approve, propose a different one, or declined doing either

Exposition 43. or 7.

Art.7. Question of law, is under real law, what the will of the legislature, judging from certain words of it.

44. or. 8.

Art.8. Under fictitious law, what in default of relevant legislature's law, may with most propriety be made for the occasion by the judge: viz. as being most analogous to the aggregate rule of action, real and fictitious (as thus) together.

45. or 9.

Art.9. Question of fact absolute, is without regard to degree: comparative, concern & degree. Degrees of quantity are no otherwise determinately expressible than by numbers.

46. or 10.

Art.10. Example of scales of quantity. 1. Money for compensation or punishment. 2. Time, for chronical punishment

Ch. Quasi Jury Operative

S.3. Quasi-Jury Communicative Functions Of

47. or 11.

Art 11. Degrees of quality are scarcely expressible but through degrees of quantity: namely by value, as expressed in money.

48. or 12.

Art.12. Question absolute, answerable by yes or no: comparative, by indication of some number in the scale in question.

49. or 13.

Art.13. In guilty or not guilty, law and fact are combined: 1. The law is so. 2. Defendant did or did not positive or negative, the act changed as a transgression of the law.

50. in 14.

Art.14. In conformity to substantive, Adjective Code, case penal or non penal, will frame questions proper to be considered by judge and Quasi Jury in each species of cause.

51. or 15.

Art.15. Required by the suit, penal or non penal, is some service at judge's hands. To make reddition lawful or obligatory, some one in a corresponding list of efficient causes of right in pursuer's favour, must be shown to have place.

Ch. Quasi Jury Operative

S.3. Quasi-Jury Communicative Functions

52. or 16.

Art.16. On Defendant's side, what may have place, is, this or that one of a set of extinctive causes with relation to such right: in Assertion of Pursuer's right is contained, expressly or virtually, abstention of non-existence of any such extinctive cause.

53. or 17.

Art.17. Judge's service demanded to either 1. Actual imposition of a certain burthen on Defendant or Pursuer's benefit, or 2. Declaration of eventual imposition of certain burthens on any person, by whom, in case a right, the existence of which is at the same time declared shall be.

S. Communicative Operative Function

Law x Fact