JB/042/260/001

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1826. Decr. 21
Constitutional Code.

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

5

Worth a F , is there
to sum up the numbers at the c
(labour) an end may in B

Art. 4. continued

Number of Judges in the highest and most influential Judicatory
— the Cour Royale, no fewer than 56 where of Presidents 6,[+]
[+] Salary from 18,000 a
year: £450:
of this Judicatories,
the expence from
Judicatory Judges that number 50 many times multiplied: Yet under such over and above the
additional expence if the addition if any made to
President's salaries. Yet, under such a constitution, who can say but, in the character of a which
to arbitrary power and misrule, — the power of the
legislative assemblies being rather a cover and cloak
and a coat of mail for it than a bridle; — even this expence
may be well employed. As to the money
if not wasted were it not wasted on Judges it might D be wasted on Jesuits.

Y
Jeremy Bentham

Presidents pay
Judges 50

Neither reflect of Power
or of his
Department

Art. 5. In the case By the allotment of a number greater than needful in
each Judicatory, the ends of justice are contravened in another
way through the medium of the expense. Scarcely a

11
Art. 11. 9. To France
is confined the inadequate
counter benefit of a
mult many seated
judicature — a weakly
efficient controul on
the Minister interest
if the Monarch by
strength given by multiplicity
of Judges to
the controul applicate
by the Judicial Establishment:
and the negative

Ratiocinative. Instructional.
Art. 4. If, any where, in France for instance
any advantage beneficial effects in any shape are produced by
multiplicity of Judges, it is the benefit belongs
— not to judicature but to legislation; and in
the present case has no place. It consists in the feeble addition
which in that case may incidentally have cause to be applied
to the a widely insufficient controul, applied by that constitution to
the power of the Monarch: it consists in a sort of virtual negative exercised by the
members of the Judicatory, exercised by them at their peril, and never without more
or less of self sacrifice. Under the form of government
this negative was applied to the law itself before enactment: under the present
form of government, it can not any otherwise be applied, than in this or that individual individual case under the
law, after its enactment.

is in Numbers
exercisable in laws.

more in the case of those whose distance from
is greatest

Identifier: | JB/042/260/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1826-12-21	Marginal Summary Numbering	11
Box	042	Main Headings	constitutional code
Folio number	260	Info in main headings field	constitutional code
Image	001	Titles	note b continued / ratiocinative instructional
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e5
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	13183
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