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8 June 1805
Evidence
§. 2. Cause of Corruption in the existing systems of procedure
So much for supposition: but in point of fact how did the matter
stand? The faculty of recovering fees was not interdicted to the Judge:
those fees were allowed to derive their birth, and did derive their birth
from such and such incidents and occurrences: such and such operations
which either were the performance of which, on the part of the suitors and other persons, either was necessary or was said to be necessary to the performed
by different classes of persons enabling the Judge to justice
execute his functions in a manner conformable to justice. It was
left in the power of the Judge, either commonly to of determine the quantum
of the fee receivable on each occasion, always to determine and
encrease the length or number of the occasions in which operations so to be performed,
and thence of the occasions out of which such fees were
to arise. The power of determining and consequently encreasing the length and number of
those operations could scarcely with difficulty if at all even now, could not by any
means in those ages of ignorance imbecillity and barbarism, be refused to
the Judge. But the power of encreasing the length and number of those
operations was in other words the power of making business: and
he power of encreasing the number and consequently the aggregate
amount of fees keeping pace as above with the power of making business,
making business was became thus was the same thing with making
money.
Even in the present advanced period of society, in which when the
experience of fraud in every shape all shapes has opened the eye of the public public eye
and kept it awake to fraud in every shape, even in the present
advanced period of society, and in situations in which the hand of fraud
derives no assistance from the arm of power, the consequences of such
a conjunction concatenation of such a mode of payment, are almost as unavoidable
as they are notorious.⊞ ⊞ To whom is it now a secret,
how use to what a degree
the employer has at the
mercy of the pleasures of any
work, architect for example
civil engineers, and so forth,
who is paid by a percentage, in
the quantum of the expenditure
occasioned called for by his work? How much more is compleatly unavoidable must they have
been so those same disastrous consequences have been or those times, without early days, devoid of experience, without devoid of discernment, devoid of information, devoid of the means of communication and interchange of sentiments, what
fount & constellations of little intelligence and ingenuity were to be found, being in a manner monopolized by the
Judge, with or without a few together with a few of dependants and associates attached to him by a
community of interests and affections?
Identifier: | JB/058/203/001 "JB/" can not be assigned to a declared number type with value 58.
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