JB/038/362/001

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1824. Jany. 9. Sun 8 Aug. 1831

Constitutional Code.

Ch. XV Judge Deputes
§. Occasional

1.
Occasional Deputes.
In large proportion
they would be arbitrators
expressly or virtually
chosen by joint
a ct of parties.

2.
True, were Judicature
secret, and the choice
absolutely in the Judge,
fertile would here
be the source of corruption.

3.
But by the aggregate
of the following arrangements,
corruption
would be effectually
excluded.
1. The To parties and
Quasi-Jurors, unlimited
power of interrogating
Principal
and Depute as to aptitude
of the choice, and
the inducements to
make it.

4.
2. From Depute as
from Principal, Appeal
would lie.

5.
With so little probability
of success, and so
much danger of detection
in the attempt,
small indeed the probability
that even a
corruptly disposed Judge
shd. venture to make
the corrupt choice,
or a corruptly disposed
instrument
of a party venture
upon

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Ch. XV Judge Deputes
§. Occasional

5. contind.
upon acceptance,
yet both would be necessary
to corrupt success.

6.
By the openly declared
suspicions of the party
menaced, the eyes of
Quasi-Jurors and
Judicial visitors
would all along be
kept wide open to
the danger.

7. Suits most
Suitable
Complex Suits a class
of suits which, Complex. in a large
proportion, Contra, would be
likely thus to be disposed
of: and the aggregate
of Judicial time
thus saved from an
indefinitely copious
drain.

8. Remuneration
Conditions on which,
in a case of this class,
pecuniary compensation
to Deputes might
be necessary and innoxious.
1. Of the arbitrator (the
occasional Depute)
the choice shd. proceed
from the partiesacting
conjointly: not
from the Judge.
Thus alone could
corruption be excluded.

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Ch. XV Judge Deputes
§.

9. Remuneration
not as time
employed.
The measure of payment
should be the
preestimated magnitude
of the task,
taken in the aggregate:
not the quantity of the
arbitrators time actually
expended on it.
For if yes, thus would
his interest be set
in opposition to his
duty. Unlimited is
the force of the temptation
which his probity
wd. have to combat:
unlimited the
quantity of factitious
delay, the needlessness
of which could
not be proved for
purpose of censure.

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Ch. XV Judge Deputes
Occasional
§.

Identifier: | JB/038/362/001 "JB/" can not be assigned to a declared number type with value 38.
Date_1	1824-01-09	Marginal Summary Numbering	1-9
Box	038	Main Headings	constitutional code
Folio number	362	Info in main headings field	constitutional code
Image	001	Titles	ch. xv judge deputes occasional
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e5
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	jonathan blenman
Corrections	jeremy bentham	Paper Produced in Year	1822
Notes public		ID Number	11999
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