JB/042/258/001

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1826. Decr. 27 ++ 1
Constitutional Code

Ch. XII. Judiciary collectively
§.5. Number in a Judicatory

3

8
Art. 8. 6. Delay, vexation
and expence encreased
the number for which
remuneration can be afforded
must be diminished,
and thence by the enlargement
of territories, distant
journeys encreased, unless
the mention number of Judicatories
with their expence is multiplied.

Ratiocinative.
Art. 8. By the allotment of a number greater than
needful in each Judicatory, or in a considerable number
of the Judicatories, the ends of justice will be contravened in
another way, through namely the medium of the expense, to wit
by producing, to the injury of a greater or less proportion of
the number of the community, the effect of a denial of justice, and to a yet greater proportion, that of encrease of delay
vexation and expence. and to some. What the ends of jus For denial of justice is the effect,
the ends of justice, Denial of justice is the effect
in so far as, by the length of journeys to and from the judicatory
to the addition of the intervening demurrage, suitors or such
expence to such an amount greater than can be defrayed,
is imposed upon suitors or necessary witnesses:
and, the greater the length of those same journeys and demurrage,
the greater is the expense in so far as the capacity
amount of expense is on that account actually
defrayed incurred. Suppose now a set of judicatories
allotted instituted, such in such number as shall be sufficient, but not more than
sufficient, to secure the community against all denial of justice
from this cause: taken from this number aggregate deduct any number
how small so ever, denial of justice in a proportionable
degree has place. But, scarcely in any country are is the
Judicatories aggregate number of Judicatories so great as altogether to exclude
denial of justice from this cause, the actual number
being reduced, below the relatively requisite number, by the difficulty of
providing for the expence. Now Suppose now 600 the greatest
number of judicatories for the necessary expense of what
provision can be afforded, and suppose this number s
but barely sufficient to exclude prevent as above the denial of justice: add
then though it be but one to the numver of the judges in each
judicatory put an additional judge, though it be but in one
of the whole number of judicatories, you add in proportion make a proportionate addition
you

to the length of journey
and demurrage in at
least one

Identifier: | JB/042/258/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1826-12-27	Marginal Summary Numbering	8
Box	042	Main Headings	constitutional code
Folio number	258	Info in main headings field	constitutional code
Image	001	Titles	ratiocinative
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1826
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1826
Notes public		ID Number	13181
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