JB/042/267/001

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1831 July 19
Constitutional Code ++

Note
Ch. XII. Judiciary collectively
§.6. Fields of Service
1. Local field.
Appellate Judicial
Districts

1 4

7 8

Instructional
Note (a) to Art.

(a) Art. 8. 7. Of the Judicial Sub Immediate Judicial Districts, the dimensions, as above, are determined
by the care taken to secure to give suitors and Evidence holders
the faculty of paying personal attendance at the Judicatory during
the hours of business without sleeping elsewhere than at home

But in the Appellate Judicatory, according to the system of Procedure attached to the present Code no Evidence holder will
have to pay attendance: nor yet of necessity any suitor, on either
side: the whole of the Evidence being, along with the instrument of Appeal,
transmitted from the Immediate to the Appellate Judicatory, the
whole of the proceeding consisting in therein, consisting in argumentation on the subject of the evidence as transmitted
from the Immediate Judicatory
below.
As to Of the Appellate Judicatories the local site or sites of the local field Judicial Districts [+]
[+] whether there shall
be any, and if any
what shall be the
Immediate Judicatories
respectively subordinate
to the several Appellate
Judicatories having
their seat in those
same Appellate
Judicial Districts, it
or fields will depend in each State on the extent of its territory of the State and the
facility of inter communication between each part and every other.

In a country such as England, with in which the communication
between each part and every other, whether of persons or papers
in a manner instantaneous neither need nor
so much as use would there be in of for any Appellate Judicatories
elsewhere than in the Metropolis: and the Metropolis nor consequently for any Appellate
Judicial Districts: and, the Metropolis being the seat of the best public, that is to say the spot in
which the number of the most enlightened men capable of acting with
acting as more or less attention in the character of Judicial Inspectors, as per Ch. XVII 1 — here would
be abundant reason for setting down in taking the Metropolis for
the seat of all these same Appellate Judicatories, whatsoever were the number
of them.

Taking the case of England for the standard of comparison
and setting out from this mark — (England exclusive of Scotland, Ireland and the distant dependencies) — the demand if any for Ju Appellate Judicatories
elsewhere than in the Metropolis will be greater
and greater, as the territory of the State is the more and more extensive,
the state of the population less and less
and the inter communication of persons and papers less and less expeditious.

As it is with every other thing valuable, so is it with the benefit from judicial service, — expense applied
to when operating as as condition to the attainment of it, has produces the
effect of a denial of it, to all who are unable to defray that
same expense: intended or not intended: it has this a further effect which it has
is therefore the delivering over to depredation and oppression at the hands of
all who are able, all who are unable to defray that same expense:
the practical reference is —
that either in this case the right
of making Appeal must
be denied or the expense
inseparable from it must be
laid on the shoulders — either of
the public, or of the party opposite
to that one by whom
the appeal is made.

Identifier: | JB/042/267/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1831-07-19	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	267	Info in main headings field	constitutional code
Image	001	Titles	instructional
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13190
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