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1831 July 28
Constitutional Code.
Ch. XIV. Judge Deputes Permanent
§. 5. Remuneration §. 4. Attendance
Minimization of Remuneration needful
N.B.
☞ 1831. July 29. There not being in the Table any such
title as Remuneration in this chapter, quere how to dispose
of the matter of these two written pages and to following one.
Shall it be put into Chap. XII §. 27 Judges &c Remuneration or Ch XII § 10 Self supplement
or Ch. XIV. Relation betwe to Principal?
§. 5. Remuneration
☞ Answer – Agendum. At the end of Ch. XIII §. 10
Judges &c Suppletitive function, to reference to
Ch. XIV in general, not of special reference to § 4
Instructional Attendance for the matter of these 6 pages.
Art. 1. The possibility of rendering justice to all without exception – to the relatively indigent as well as to the relatively opulent – depend
upon the smallness of the Judge-shire, this the of the smalness of the
Judicature upon the greatness of the number of them, and the greatness
of the smallness of the number of them, upon the lowness of the terms
in which, in a pecuniary sense, apt men in sufficient
numbers, will be willing to serve. Hence it is that the
minimization of Judicial remuneration is a condition inseparable
from the due administration of justice. For effecting the
minimization, two expedients means of effectuation are hence
employed: minimization of judicial salaries actually paid
in so far as such renumeration cannot but be allotted:
2. service rendered gratuitous in the case so far as by expectancy,
without actual in lieu of concomitant and and antecedent to receipt the requisite service can
be engaged.
In the judicial system of most countries, the pecuniary remuneration
allowed to Judges and other judicial functionaries is more than
needful: in the English system in particular it is so in an
altogether monstrous degree. Of the here proposed system, a one principle
being, as per Ch. XII §. 28 the exclusion of Advocates Locable who, and Ch. XXIV. Professional Lawyers.
the establishing, at the earliest period possible, the exclusion of men of the Advocate's profession
from the capacity of serving in the situation of Judges, and till this
time no person having been treated in any high judicial situation
without belonging to and having to an extent more or less considerable, had practice in the class of Advocates, hence
it is that by all men to be who at the time in question belonging
to the class of Advocates, resistance with the utmost possible degree
of energy will, of course be made to frugality in this shape; viz. in this resistance
will they fail to have the support of any such men
of their own class, as will have been elevated to the situation of Judges.
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