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1824 Jany. 8
Constitutional Code
In this way would probably be disposal of those complex
suits each of which, if the Judge's hands were not cleared
of them, might within the year suffice to absorb a large proportion of the
disposal then contained in it: matters of account between
commercial men of dealings: disposition distribution of
large matters of property among claimants by different
titles left vacant by death or transferred into the accountable
hands by insolvency transferred into hands appointed
for the purpose.
In a case of this sort a state of things
capable of being of no unfrequent occurrence is the quantity
of time necessary to the completion of the enquiry examination so great
considerable and the chance of finding an individual
able and willing to undertake the task so precarious
that to form an adequate inducement pecuniary remuneration
might be necessary. If settled in private
his would be an inlet to corruption, but adjusted
as it might and should be in public – the price to be
paid either out of the fund in question or charged at the expence
of the party or parties who should appear to have
been to Claim, many would be then be cleared of its corruptive
quality. Of all the several parties to this compact no
one would feel cause for shame: neither the parties by
whom the true price of the judicial labourer in the judicial vineyard
were was paid, nor the labourer by whom it was received,
nor the Judge by whom the contract had
been seen and sanctioned.
On this occasion however one point of precaution should
never be overlooked. This is the attaching the pay to the
performance of the entire service not to suffer pay to gain
encrease by the quantity of time employed in the performance
of it: for by every such undue arrangement payment by the day is
a bounty in delay, the worse the work is
done, the more the workman
gets by it. He
thus gains at the expence from both sides
without need of confederacy
and he may reap further
gain from prove the matter a distinct debtor
by confederacy, excess may
in this way shape be carried to an enormous days weeks and months, while not so much as of a quarter of one hour thus expended can the needlessness be proved.
Identifier: | JB/041/072/001 "JB/" can not be assigned to a declared number type with value 41.
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1824-01-08 |
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072 |
Constitutional Code |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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