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+ ++ J 12
Copied Ch. XII Judiciary collectively
(1) (1 §.25 Attendance
Instructions
☞ 1831 July 29. Inscribe as here or in Ch. XIII.
these five pages of which two appear to be wanting
including 5 Articles
Instructions to the Legislator
Instructional
1
As between day
service & night
service division of
time modified according
to time of year
Art 46. As between day service and night service, this the
division of time will of course, require to be modified thus made of the whole solar day, or say interval between
one midday and the next will of course require to be modified (a)
What is given in the text can only be ordained as above in must not the enaction
Articles must not be considered as amounting to any thing other
any thing but an exemplification of the principle.
Of the hours comprized in the day service, first half and
second half taken together, taken together, some will not be
among those in which the people in general are su engaged
in his their ordinary day occupation: and, so far as
this is the case case the transaction of the judicial business will
not, at those times, be consistent with general conveniency.
Instructional
47 or 2
Distinctions between
casual service and
appointed service
Art 47 Here On this occasion services a distinction will require to be made between casual
service and appointed service.
Expositive
48 or 3
Casual service
Casual duty service is that
Art. 48. By casual service, or say, casual duty, understand
that the demand for which is constituted by basis of urgency;
which require such to wit as it in which, at any moment
of the twenty four hours, the it may happen that by the indispensable regard for the ends of justice
shall demand the exercise of shall be produced for the functions of a Judge.
These cases will commonly be understood, to come under
the head of cases of police: But but, be the custom any
where what it may, regard for the ends of justice can
never either require, or admitt, the establishment of
two sets of Judicatories, all over the territory of the State, or in in
any part of it that territory: — one for the sort of justice which in has always
universally suited at all time gone under the name of justice, another, for the sort of
justice which has, in modern times, been called gone under the name of police.
Note (a)
(a) Consideration on this occasion will be had of those parts of
the globe, in which, for a length of time more or less considerable,
no
no alternative between
light and darkness
has place.
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jeremy bentham |
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