JB/106/388/001

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43.

a party how completely soever in the right, may occasionally
have need. By the single seatedness of every Judicatory as contrasted
with the many seatedness so generally established — by this
single seatedness combined with the gratuitousness of the service
rendered by deputies, room will be left for reconciling the allotment
of sufficient salaries to these two subsidiary functionaries
with a reduction in the expence of the whole of the establishment
as compared with that with which it would be changed
by hitherto established usage. To these two functionaries should
also be given the power of appointing unpaid deputies: neither
in these situations any more than in that of Judge is man
exempt
from sickness. To the faculty of enlarging & contracting itself
as need requires, may be given the appellation of elasticity:
needful as is this quality of never till Bentham wrote did any such
conception as that of planting it in the Judicial Establishment
enter into the head of any as yet known publicist.

Judicial Procedure.

Proper & only proper model of Judicial procedure, the
domestic. For in domestic procedure there are no hireling advocates
interested in the obstruction & defeat of the ends of justice.
For the collection of evidence powers which are not to
be found in the domestic Judicatory will in many instances be
necessary to the public Judicatory. These powers must of course
be supplied. But in point of need in this supply lies almost the
only difference requisite. In domestic procedure, the only natural
procedure its model. In every father, his children
& his other servants if has any, behold their Judge. Contradistinguished
in its name because opposite as to the ends to
which the course of it has been directed must be the course of
procedure, by far the most extensively as yet in use: call it the
technical — such is the name by which even by its inventors, it
has been characterized. For technical say on any occasion unjust,—
you need not fear misnaming it.

Settings uninterrupted. No day in the year exempt. On
what day is justice less necessary than another? On what day is
injury inactive? What relaxation has the medical man? But to the

Identifier: | JB/106/388/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1		Marginal Summary Numbering
Box	106	Main Headings	constitutional code
Folio number	388	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f43
Penner	cc1	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	34976
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