JB/042/150/001

Click Here To Edit

1827. Novr. Constitutional Code Ch.XII. Judiciary Collectively.
S.24. Remuneration.

1.

For salaries to judicial
functionaries, reasons.

2.

1. Because exaction
of remuneration from
parties litigant would
be the height of oppression.

3.

2. Because such execution
would be a source of
corruption.

4.

4. In every judicial situation,
location infers
patronage: the
greater the value of
the situation, the
greater that of the patronage.

5.

If remuneration
from litigants, it wd.
be in the power of
locatee to encrease
the emoluments.

6.

Subordinates essentially
located by superordinate.

7.

If locatee and thence
locators emoluments
encreasable and encrease
unpunishable thence
corruption.

8.

Though location by
other than superordinates,
the evil, though
less, is not excluded.

---page break---
9.

Under English system,
corruption from
this source established
in the highest degree.

10.

Extent of fees from
House of Commons
Returns.

11.

In other countries
where corruption in
justice the highest,
it is not equal to
what it is here.

12.

Attention of the House
called to the subject by Abbott.

13.

No effectual measure
adopted in consequence.

14.

Doors of Westminster
Hall shut against
reform.

15.

In the whole of English
Procedure, maximization
of evils opposite
to the ends of
justice — of injustice,
vexation, delay, and
thence of sinister
profit.

16.

From such sinister
profit, arises the immense
mass of corruption.

---page break---
17.

Pecuniary competition
applicable in
the first place to
immediate, then to
appellate judicatories.

18.

Objection - exclusion
of persons possessing
appropriate
aptitude,
but unable
to enter into the competition.

19.

Answer. This applies
no more to judicial
than to administrative
situations.

20.

They ground the system
on expectation
of gratuitous service!
Answer.
1. Not in
expectancy.
2. Evidence of relish
maximized.
3. Frugality maximized.

Identifier: | JB/042/150/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1827-11	Marginal Summary Numbering	1-20
Box	042	Main Headings	constitutional code
Folio number	150	Info in main headings field	constitutional code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	13073
Box Contents