JB/042/372/001

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1825 Nov 14 Supported Superseded
Constitutional Code

1o
Ch. XII. Judiciary collectively
§.16. P obviated

Instructions
to Gall
2. Anglicé

3 1 1

☞ 17 Nov. 1825 Omitt or Postpone

Of these measures systems of prevention the very efficiency
suffices to account for their not being employed in any as yet
established body of law. In every one the assumption is —
that at a certain height in the scale of authority, the
functionary is temptation and corruption proof

In France not only in the modern post revolutionary
but in the antient ante revolutionary Codes a Judge
whose place situation is not in the highest grade is by declared
liable to be pris à partie as the phrase is — prosecuted
on the ground of his having conducted himself as a party
in the suit. But on the part of the a Judge in the highest
grade any all suits injustice is tacitly assumed to be impossible:
the greater the facility the less the probability
such is the logic of this principle.

Under the English system the capacity of offending being guilty
and thence of being prosecuted has place in the situation
of the species of Judge called a Justice of Peace: but
foremost as though to a vast extent over the field
of judicial service — acting as Judge, he is not in common
speech regarded or comprehended under that service: when
shortness is the object enclosed of the three worded denomination
of Justice of the Peace he is designated by the single worded
denomination of Magistrate.

It is not however but in a case peculiarly flagrant,
nor then but with extreme reluctance that any one case
of a complaint of injustice excused by them the sort of redress
such as it is is administered by superordinate judicatory
the Court of King's Bench: nor can any such complaint
be used but as an expence which not one out
of seven hundred exposed to the injustice are able to defray:
nor by the repressive application is any one peculiar assured by
the
the in whatever
shape produced by the an
individual by the injustice.

Identifier: | JB/042/372/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1825-11-14	Marginal Summary Numbering	9-12
Box	042	Main Headings	constitutional code
Folio number	372	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / c1 / e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public	[[notes_public::"supposed superseded / 17 nov. 1825 omitt or postpone" [notes in jb's hand]]]	ID Number	13295
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