JB/041/059/001

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1831 Sept. 28
Constitutional Code. 1832 Feby 5 Copied, Copy corrected
(1) (3)
Ch. XIV. Judge Deputes Permanent
§. 4. Attendance

So much for the several distinguishable reasons, for
which to the situation of Judge Depute pecuniary emolument
should not in any shape be attached. Now for the way, in which
by any such arrangement, the whole design would be as already intimated, be completely frustrated.

From the allowing, to the Judge principal, an unlimited
power of locating Deputes, in any number in which he could
find persons willing to accept them, no evil consequence, in
any shape, can under the responsibility provided, (as per Ch. XII. Judges collectively, §. 10 Self-Suppletive function. Art.
in any case ensue. Attach pay emolument to the situation, the
inlet thus given to abuse is manifest, and to the evil
productive capable of being produced by
of it no bound can be assigned. Be this or that particular
and occasion no limit can be assigned to the
multitude of of suits or demands for suits which on this or that particular
multitude of suits which might be occasion, may be result and outcry for Judge-power
for taking cognizance of them.⊞ ⊞ on which consideration
it are grounded the
arrangement provision
made in the next
Chapter (Ch. XV for
Judge Deputes occasional
to be located
as occasion calls.
Were pay If this
be the situation of
Judge Depute permanent,
pay were attached,
say in the
shape of Salary, here Here thus would be so many
Salaries which Salaries so circumstanced, that, on the part of the Judge-principal, to the interest would be attached the power
of conferring on them whatever persons it were agre agreeable to him
Judge to confer this benefit: the particular occasion What then would be the consequence? Answer that, as the several particular occasions ceased
to convey to an have place there would be So many situations
remaining in a state of .

If in this shape the bounty of Fortune in this Fortune
shape were not adequate to his wishes, no little difficulty
would there be in he find in the supplying the deficiency by and
those should? The the whole history of the Judicial Establishment and
of England, not to speak of other , in
the history of art applied to this same purpose.

In the situation in question, most the majority of men would be
not to say the totality, would by this sinister interest be not only tempted and but induced as above, to create
Judge-Depute-power in excess: some, but supposing them in ofamong men in this situation
suppose, in the instance
of any number probity
public virtue of so
rigid a texture as
not to yield to the
temptation, another
then comes another
and an opposite danger
lest of this number
a proportion more
or less considerable should for fun of manipulation
any number would forbear to create the Judge the Judge
to a sufficient amount the additional Judge-power requisite
and thus in it is that in every or almost every Judge-Shire there would be either too much of it
or not enough.

Identifier: | JB/041/059/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1831-09-28	Marginal Summary Numbering
Box	041	Main Headings	Constitutional Code
Folio number	059	Info in main headings field	Constitutional Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	C1 / E3
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::Copied, Copy corrected [note in Bentham's hand]]]	ID Number	001
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