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1823 Sept. 13 Seen 1827 Feb 24
Constitutional Code
III.
Rationale
Ch XII Judicative Collectively
S.1 Preliminary Observations
Instructional
1
In regard to
retribution to Judicial
functionaries legislation
has to steer between
two opposite dangers
misdecision by inattention
- and vexation
expence & delay.
Instructional
In regard to the retribution to be allowed to the several
members of the Judicial Establishment, the legislation has to
steer between his opposite evilsdanger: namely misdecision
correspondant and opposite to the many end of justice misdecision
through worst of attention on their parts respectively and vexation
expenses and delay opposite to the collateral and of position
delay vexation and expense, through a sinister
direction given to them respective vexations:namely expense to make
for the sake of the profit extractable out of it by these functionaries,
delay with the attendance and vexation in that a variety of sleepers
in which it is liable to have properly or not properly it
is liable to be produced on the occasion of the instruments and
operations brought into existence through design of headlessness properly or carelessly
by the endeavours employed to give increase to the
expence.
2
By the situation
of Judges & their Deputies
under this Code
no considerable
difficulty
So far as regardsBy In the selection of the Judge and their Deputies there
some little difficulty: not so inas to
small not considerable is the difficulty. no great considerable
difficulty seems to be have place opposed. not so in the case of the official
assistance of the parties. namely the Pursuer General
and the Defender General. The In the situation of a Judge
a man will have nothing to gain by giving increase to the
number of such: not more as little by giving increase to the instruments
or spontaneous having place in this and that
such, specifically or individually considered. Not so in the
situation of Pursuer General or that of Defender General.
F their In Viewing Prevent supposing it possible their
receiving retribution for at the hands of parties nothing
adequate for vexation man to wanting, and the rep
coldness may be the return made by parties
of their assistance: allow then of such retribution, for the sake of
increasing the apparent value of the service in the eyes of the client they will will give needless and
mischievous increase
to the and length
of literary written instruments
and to the number of
the ations.
Identifier: | JB/042/171/001 "JB/" can not be assigned to a declared number type with value 42.
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