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Copied Ch. XII Judiciary collectively
(5) (5 § 2 79 Located how
Instructions
Anglicé
In English practice the provision made for
business of this sort stands exemplified in two sorts of Judicatories,
termed Audit Courts and Courts of Claim. In both these
As to English and perhaps the
instances, but for the requisite explanations the composition of the
Judicatory might convey the idea of a system more favourable to than the one
here proposed to the
joint interests of economy
and justice.
No Eleemosynary Advocate,
not even so
much as a Government
Advocate.
The more profusely overloaded
with emolument
that office is in other
instances, the higher is
the value that will be
apt to be set upon the
saving made by the
omission of it in
these. But were ever
economy every thing
and justice in other respects
nothing, loss to
an incalculable amount
rather than saving would
be the natural not to say the necessary result.
practice of might at first glance, in
with the here proposed practice to appear favourable to economic
production of elimination of expence. In the special judicatory
in question neither the Eleemosynary Advocate the functionary nor so
much as that established Government Advocate has
place. Loaded as in English practice that such as will
to a degree so
needless and so mischievous the the addition of a
single functionary would render a serious addition to the
expence. But as in that case such a state of things more could be served by
the addition than expended. Under the veil of secrecy there
are no bounds to the waste capable of being produced by
the information received, as are the anticipation formed by them
or that use of the Judges in relation to the wishes of his
patron and creator: and: and to the corrupt desires of
each effect is given by the connivance and
which the community of sinister interest procures on the
part of his colleagues Not more suitable better adopted to the purpose
of fraud and depredation for the benefit of a favoured individual
is this state of form of judicature than it is to the purpose
of oppression to the distress or ruin of one individual who is obnoxious
To all such practices an profit obstruction in no
small degree painful would be opposed by the practices of
an Advocate, notwithstanding his having government for his
client: for in support of any demand advancing from such a
question none of the instances just mentioned could be employed
nothing would be advanced that could not be covered with or at least be with a
veil of decency.
[-] not to speak of any
of his as
in the way of self-regarding natural
or sympathies.
Such would be the case
were there in each Judicatory
but the Judge. From
the total darkness he
would derive the uncontrolled
power of ministering
to his own sinister interest
in every shape and there
to the sinister interest, and
desires specified or anticipated,
of the patron
by whom he was located.
Oppression would thus be
exercised on this or that
individual: depredation
consummated in favour
of this or that others.
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