JB/081/343/001

Click Here To Edit

1829. May 21. ++ 45
Petitions.
5
Supplement.
§II. Elucidation.
§2. Small Debt Courts.
V. Supply of Judge-power

1. Under the here-proposed system, complete and
all-comprehensive both as to space on both fields,
local and logical of jurisdiction and authority,
and as to the field of time, being at all times exactly
commensurate with the need. never redundant, never
deficient: in one word elastic, adapting itself
to every at all times to the then present extent of the demand. to every state.

2. In the Justice-of-Peace system, of the exercise actually from the power, the commensurateness
every where and at all times, the result of
chance: depending upon the caprice and sinister
interest of the individuals Judge: being in every place, its existence
or non-existence being, at every point
of time, altogether optional; on the part of
every individual, by whose exercise is
given to it: and who, accordingly in determining
whether to begin, whether to continue,
and how to nominate, the exercise
given to it, is give commencement, or, as the may be continuance, and when to give ,— be being at every point of time left,
without controul, to be determined by favour,
disfavour, or mere self-regarding interest.

3. In the Scotch Small Debt Court system, commensurateness
of the supply everywhere, precarious,
and unascertainable: there so at every there as under the Judiciary
establishment as yet in any country established of every other known country to this time.
In this or that local field of jurisdiction, it may
have been, it may be, insufficient it seems more
likely to be in more places accordingly have been at any time or at all times, in any though or any ascertainable deficient. A circumstance,
by which its deficiency is kept under,
is indeed the extent, to which the denial of justice
is in those courts carried by the sale of it; sale, the
result of the mode of remuneration, which
see, further on: namely the fee-gathering mode.

4. In the English Small Debt Court system,
elasticity, as above explained, none: by the
force of this constitution, scantiness the deficiency when it has place being kept under
by the cause just mentioned, namely denial
of justice, by exaction of fees: but the aggregate
amount of the fees not so easily as in the
Scotch system, if at all, increasable: nor is the
temptation, constituted
by the value of the patronage, so great the
temptation to give
increase to them — so great. [ VI. Qualification.

Identifier: | JB/081/343/001 "JB/" can not be assigned to a declared number type with value 81.
Date_1	1829-05-21	Marginal Summary Numbering
Box	081	Main Headings	petition for justice
Folio number	343	Info in main headings field	petitions
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d45 / e5
Penner	john flowerdew colls	Watermarks	street & co
Marginals		Paper Producer	antonio alcala galiano
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	26130
Box Contents