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Front Page Titles (by Subject) CHAPTER XXVII. - The Works of Jeremy Bentham, vol. 9 (Constitutional Code)
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CHAPTER XXVII. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 9 (Constitutional Code) [1843]Edition used:The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 9.
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CHAPTER XXVII.Judiciary Messengers.Section I.Messengers, or say Accersitors, who.Expositive.Art. 1. By a Messenger, understand a judiciary Mandate-bearer—a functionary, to whose function exercise is given, by causing knowledge to be had of a written mandate emaging from a Judge; and of the contents of such instrument, in so far as acquaintance thereof is obtained by actual contact with, and physical possession of, the instrument, when delivered to the party addressed; or, in his stead, to some other person, for the purpose of its being delivered to him: arrangements for that purpose will have been made in the Procedure Code. Expositive.Art. 2. Accersitor is an appellation coincident with, but not altogether co-extensive with, Messenger or Mandate-bearer. Accersition, from the Latin, is in English hither-calling. Calling to the judgment-seat the individual addressed—calling him to it, that is to say, requiring him to repair to it, will accordingly be the most frequently exemplified purpose of the judicial mandate. But neither are other purposes wanting, for which the issuing of a judicial mandate may be necessary. Correspondent to the modifications of, or say the elementary functions included in the prehensive function, as per Ch. xxviii. Judiciary Prehensors, Section 2, will be those of the Messenger. Enactive. Instructional.Art. 3. In concert with the Finance Minister and the Interior Communication Minister, arrangements will be taken by the Justice Minister for causing all judicial mandates (exceptions excepted) to be delivered at the places to which, and to the persons to whom, addressed, by the several and respective functionaries acting as letter-carriers, under the direction of the Interior Communication Minister. For this purpose, as by any person at large, so by a Letter-Post functionary in particular, a letter thus sent, by or from a Judge, can with as much facility, as if by or from any person at large, be conveyed to the place and person addressed. Enactive.Art. 4. In concert with the Finance Minister and the Interior Communication Minister, as above, the Justice Minister will, moreover, take the necessary arrangements for causing all judicial mandates, appearing on the face of them to be such, and the responses thereto respectively, to be delivered free of postage. Instructional.Art. 5. On the part of an individual wishing to escape from the fulfilment of any obligation imposed on him by the law, and endeavoured accordingly to be notified to him by the mandate of a Judge, a natural endeavour will of course be, to escape from the receiving information as above, of the existence of the corresponding judicial mandate, towards which, by the supposition, he is not disposed to pay obedience: so, likewise, when such information has been received by him, to escape from the being known to have received it. To check and obviate all such subterfuges is among the objects of endeavour of the Procedure Code, as per Ch. x. Judicial Communication. Enactive. Expositive.Art. 6. Judiciary Messengers, are either official or unofficial; or say special or occasional. Official messengers are the Letter-Post carriers, as per Art. 3. Special or occasional, are all persons employed as such, by or under the authority of a Judge. |

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