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1831 Sept 3
Constitutional Code
1. Single seat
but no Judiciary
Judges not more
than one - Immediate,
Appellate.
2. As in Admonistratory
Reasons seen in Ch IX
§ 3: additional here.
3.
1. Additional controul
applied by the constantly
employed
skilled labour of
Advocates on both
s sides.
4. Sole use
Moral aptitude
secured otherwise
Sole imaginable benefit
from Judges
more than one,
addition to security
for appropriate
moral aptitude:
but that such security
is needless see
in § 32.
5. Cyphers are
all Puisner.
On the superior, weak
the check by presence
of the inferior, who
for troublesomeness
might be punished
with constant discomfort.
Accidental
ill-humour or adverse
interest excepted,
no other stricture
will accordingly
made than
seems necessary to
save him from
appearing a mere
cypher.
6. Torpid
from inaction
Du
By the torpor
produced by constant
inaction, diminished
will be to this
as well as all other
purposes the influence
of such second and
every ulterior Judge.
7. Torpid
Punics
Thus is in every respect
appropriate
aptitude diminished
[+]
189 Expense
Judicatory
too few
Ulterior evils from
many seated Judicatories
1. By the number of the
seats the expense of
remuneratione's multiplied:
2. The number of judicatories
kept from
being adequate to
the need. Evils from
denial of
justice
2 Increase of delay
expense and vexation
to suitors.
16 Expense
Judicatories
too few
Cause of the denial
of justice length of
Journeys and demurrage
between home
and Justice-Chamber
12. Expense
Judicatories
too few
Suppose a number of
judicatories just sufficient
to prevent
denial of justice:
deduct and anything
13 IX Expense
Judicatory
too few.
No where is this sufficient
number in
existence: cause, difficulty
of providing
the expense.
14. Expense
Judicatories
too few.
Suppose established
the minimum number
of judicatories
and by this number
the thus applicable
stock of money exhausted:
to any one
single-seated Judicatory
add now a
seat length of journey
must be increased
in one or more
and thus justice denied
and delay &c
increased.
15 Expense
Judicatories
too few
Yes: for what reason
to ever you add a
Judge to any one Judicatory,
so should
you to every other;
thereupon reduction
of the number of
judicatories from
the necessary number
to one half;
say from 600 to 300:
add now to each of
the 300 another Judge,
you reduce the number
of judicatories to
150: add to each of
the 150, another Judge,
you
Hall
County, you reduce
the number of Judicatories
to 750: whence
come denial, & delay
&c (as above) practicable
proportionable.|
—
thereupon comes denial of justice.
Ch XII Judiciary Collectively
§ 5. Number in a Judicatory.
Corrupt
16 Opposition
Only by law taxes
and fees are these evil
effects of supernumariness
in Judges
kept from observations
17 Corrupt
Opposition
Suppose a Judge
corrupted: whether
by self-regard, sympathy
or antipathy:
without scandal he
may delay justice
by pretending doubt:
while thus doing
wrong, receiving
praise for anxiety
to do right.
—
8 Torpid
Punici
Objection Constantly inactive,
tied together i conjunction
with an
exclusively acting
Chief, are the three Puisnes
are in the three Puisnes
are in the conditionthree
Westminster Hall Common of ept
Law Courts.tied into which th
other is at work
Objection - And
are they thus unapt?
Answer - No: but only
because they are
also acting singly-
seated in Chamber,
Circuit, and incidentally
Nisi Prins
business.
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