JB/052/047/001

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1824 Feb. 11
Constitutional Code.

4 IV 160 (14
Ch. XI Costs Judiciary Collectively
4 §. Procedure First Lines
§.3. Costs
Substitute mercenary

Ch. XI. Judiciary Collectively
§. Procedure First Lines

35.
3. Remains, the most
important transference;
do. of the largest portion
possible, of the operations
now performed by the party's
paid Assistants to the
Judge & other judicial
functionaries.

36.
With or without the
intervention of other
minds or mind, to
Judge's mind must
have been presented
all objects, by contemplation
of which, his
decrees have been determined.

37.
See now the effects
when an intervention
of this sort has place.
Good in no shape:
Evil in many.
Evil, the Assistant gratuitous:
much more
when mercenary.

38.
Take first the case
where the evidence is
all personal orally delivered
to the Judge:
then substitute or add
ready written & real
evidence.

39.
1. Substitute gratuitous.
Evil 1. Time consumed
encreased; at least doubled:
party states to substitute,
substitute to
Judge. This inseparable
Supposed here, to the
principal the facts
best or exclusively
known: this being the

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Ch. XI. Judiciary Collectively
§. Procedure First Lines

39 contind
the ordinary case. In
so far as the reverse
is true, these evils
have no place.

40
Evil 2. Misrepresentation
of facts by passing
through a medium;
danger of deception &
misdecision accordant
of this evil, infinite the
diversity: endless wd be
the delineation.

41.
Evil 3. Substitute's incapacity
of securing attendance
& narration. On
the desired witness, no
obligation to afford evidence
to any person
but Judge.

42.
Evil 4. Probable incompleatness
& undue partiality
of the mass of
evidence. Obligation
none, favor a probable
cause of all evidence
thus furnished vexation
& expence of attendance
considered.

43.
True party has no
more power than
Substitute to secure
or discover reluctant
evidence.

But for obtaining from
Judge such evidence
as the case affords,
better is his chance
than that of any one
by whom the nature of
it come sat second hand,
subject to principal's
omissions or misrepresentation,
unintentional
or

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Ch. XI. Judiciary Collectively
§. Procedure First Lines

43 contin'd
or intentional in principal,
and misconception
or non recollection
in Substitute,
as above.

44.
For ulterior evils
incident to this case,
see the case where the
Assistant is mercenary:
it being in that
case they receive their
great encrease.

45.
II. Substitute Mercenary —
Infinite now the augmentations.
Engaged by sympathy
to endure the vexation
is the Substitute:
interest none but accordant
with principals.

45.
Opposite, the mercenary's.
1. As to collateral end
of justice: gaining in
proportion to delay,
vexation & expence.
2. As to direct do. the
tendency of misdecision
being to produce
Appeal or another
suit.

47.
True, obvious the check
by regard to reputation,
whereon quantity of
business may be supposed
dependant.
But the closer the view,
the better will be seen
the inadequacy of this
check tho clearer, after
the fence of sinister
interest, has been
displayed as below.

Identifier: | JB/052/047/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1824-02-11	Marginal Summary Numbering	35-47
Box	052	Main Headings	constitutional code; procedure code
Folio number	047	Info in main headings field	constitutional code
Image	001	Titles	judiciary collectively / procedure first lines
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4 / f160
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	16720
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