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1831 July 3 J
Constitutional Code ++
Note (b) continued
Ch. XII. Judiciary collectively
§.5. Number in a Judicatory
7
☞ Copied and Copy corrected
7. Nor yet is this quadruplicity sufficient in all cases.
In certain cases it is trebled: twelve the number of the Judge — the
Judges of the three Common Law Courts being packed together for this purpose.[+]1
[+]1 And these cases in
which the demand for
appropriate intellectual
aptitude is regarded as
being at a maximum
what are they? They
are mostly of a sort
in which no man in
whose instance the
most common sense
has place in union
with common honesty
would regard the case
as a fit one for the
biding argument: where
for instance the question
is whether a man
shall be deprived of
his right because a
lawyers Clerk has
made a mistake,
unintentionally or intentionally
in the writing
of one of the letters in
a word.
8. To the three Puisne Judges pronounced Puny meaning Junior several very advantageous substitutes
any one of several very advantageous substitutes might be proposed:
might be proposed for them. If words are employed
any one, or, for choice all of them. If words pronounced On an occasion
in which the opinion of all four are delivered serial, after
the Chief has delivered his opinion "I am of the same opinion" which then are the words
commonly pronounced by the three Puisnes each of the three Puisnes.
If then it be necessary that for this purpose on this occasion, words should be more
proposed substitute, one or other of that class of animals are
, animated substitutes would be necessary. On this supposition the substitute[+]2
[+]2 would have to belong
to that class of animals
in whose instance
wings with feathers
are substituted to
arms and with hands:
a parrot, for example.
while wings and feathers are substituted to hands and arms: a parrot
a mino m, or a starling. But, when the import
is not over complicated, expression may be given by gesture
as well as by sound to the opinion by visible as well as by audible sign
Arrayed in Judge's robes might be a wax work; or
A wax work p lay figure might be app
the figure of a man in wax work, or a painter's Lay-man
in Judge's robes, and the were in hand the office
of the puppet show men might be performed by the my Lord Chief
Justice
Here then in the three Courts are Judges paid for doing their part part
of the business, three times is it might would be done
by any three of them
8. Of the whole four the only one in whose instance any real
Take any man Say the Chief Justice: for he being always in
demand for rationality or what passes for such has place is the
Chief Justice. For by being always a
Lord and generally a Peer a Member of the House of
Lords — sometimes even a Cabinet Minister —, all the authority
that depends upon opinion, all the influence is to him a
subject matter of exclusive property: On him On ordinary
occasion by him is said whatsoever is said: by the other
learned persons either nothing at all is said, or the s of something
which has just
been mentioned.
9. I have not been consulted, and I will be heard.
Seen by your age did the author of these pages have Will
Puisne Judge of the King's Bench pronounce utter this a declaration
in these very words in the ears of an astonished audience,
not the least the astonishment of the Lord Chief Justice — Murray the great
first of the G of Maisfield; against whose authority rebellion
was thus committed by this a and unprecedented speech a
a speech thus audacious and unprecedented.
Identifier: | JB/042/262/001 "JB/" can not be assigned to a declared number type with value 42.
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jeremy bentham |
street & co 1830 |
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antonio alcala galiano |
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1830 |
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[[notes_public::"copied and copy corrected" [note in jb's hand]]] |
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