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<note>Power §</note> | <note>Power §</note> | ||
<p>To this head we may also refer the [policy of those]<lb/>laws which establish an incompatibility between certain<lb/>occupations <add><del>or other descriptions of men</del> or conditions in life</add> and certain offices. By <del>divers</del> the<lb/>English <del>statutes</del> law divers officers concerned either judicially<lb/>or ministerially in the administration of justice<lb/>are excluded from <del>the</del> practising as attorneys: <hi rend="superscript">(a)</hi> <note>Notes<lb/><hi rend="superscript">(a)</hi> Under Sheriffs, Sheriffs' Clerks, Sheriffs <del>Bailiffs</del> Receivers,<lb/>Sheriff's Bailiffs <del>1 H. 8 c. 4</del> in the King's courts: <add>1 H. 8. c. 4.</add> Stewards,<lb/>Bailiffs & Ministers of Lords of Franchises having<lb/>return of writs, within the franchise. 4. H. 4. c. 19.<lb/></note> <del>obviously</del> <add>[the fear</add><lb/><add>is]</add> <note>lest the servant of the <lb/>public should become <lb/>the instrument of the <lb/>individual: and<lb/></note> lest the right hand should <del>favour a</del> make<lb/>business for the left.<lb/ | <p>To this head we may also refer the [policy of those]<lb/>laws which establish an incompatibility between certain<lb/>occupations <add><del>or other descriptions of men</del> or conditions in life</add> and certain offices. By <del>divers</del> the<lb/>English <del>statutes</del> law divers officers concerned either judicially<lb/>or ministerially in the administration of justice<lb/>are excluded from <del>the</del> practising as attorneys: <hi rend="superscript">(a)</hi> <note>Notes<lb/><hi rend="superscript">(a)</hi> Under Sheriffs, Sheriffs' Clerks, Sheriffs <del>Bailiffs</del> Receivers,<lb/>Sheriff's Bailiffs <del>1 H. 8 c. 4</del> in the King's courts: <add>1 H. 8. c. 4.</add> Stewards,<lb/>Bailiffs & Ministers of Lords of Franchises having<lb/>return of writs, within the franchise. 4. H. 4. c. 19.<lb/></note> <del>obviously</del> <add>[the fear</add><lb/><add>is]</add> <note>lest the servant of the <lb/>public should become <lb/>the instrument of the <lb/>individual: and<lb/></note> lest the right hand should <del>favour a</del> make<lb/>business for the left.<lb/><note>By a Statute of James<lb/>1<hi rend="superscript">st</hi> (c. 22) no Butcher or Currier<lb/>is to be a Tanner:<lb/>(§4, 25) nor is any Tanner<lb/>to be a Shoemaker or other<lb/>worker <del>of</del> in leather. The<lb/>reason in this case is<lb/>not quite so manifest<lb/>as in the former.<lb/>By a regulation of the <lb/>Austrian law no skinner <lb/>is to sell meat. (31 Aug. <lb/>1754.) upon the presumption <lb/>that if it had been wholesome <lb/>it would never have <lb/>come into his hands. Sonenfels <lb/>Polizcy Wien. 1777. <lb/>I. 193. d.<lb/></note></p><p>By <add>an excellent and</add> a very recent statute no person contracting<lb/>with administration is to have a seat<lb/>in parliament. Contractors may be <add>accountants or</add> delinquents over<lb/>whom Members of Parliament may have to sit as<lb/>judges. <del>Stronger</del> Reasons <add>more forcible</add> will be mentioned farther on.<lb/></p><p>There is perhaps no civilized nation by whose<lb/>laws <add>pecuniary or other</add> qualifications are not annexed to various offices:<lb/>this is in other words to exclude <add>all</add> those by whom the<lb/>qualification is not possessed. The advantage <add>gained</add> is more<lb/>or less according to the nature and importance of the<lb/>office: and <del>if</del> <add>provided</add> the ground of exclusion be well chosen,<lb/> <del>if</del> <add>although</add> the advantage should be but small, the sacrifice <lb/>is still less.<lb/></p><pb/> | ||
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7 11
Indirect Legislation
Power §
To this head we may also refer the [policy of those]
laws which establish an incompatibility between certain
occupations or other descriptions of men or conditions in life and certain offices. By divers the
English statutes law divers officers concerned either judicially
or ministerially in the administration of justice
are excluded from the practising as attorneys: (a) Notes
(a) Under Sheriffs, Sheriffs' Clerks, Sheriffs Bailiffs Receivers,
Sheriff's Bailiffs 1 H. 8 c. 4 in the King's courts: 1 H. 8. c. 4. Stewards,
Bailiffs & Ministers of Lords of Franchises having
return of writs, within the franchise. 4. H. 4. c. 19.
obviously [the fear
is] lest the servant of the
public should become
the instrument of the
individual: and
lest the right hand should favour a make
business for the left.
By a Statute of James
1st (c. 22) no Butcher or Currier
is to be a Tanner:
(§4, 25) nor is any Tanner
to be a Shoemaker or other
worker of in leather. The
reason in this case is
not quite so manifest
as in the former.
By a regulation of the
Austrian law no skinner
is to sell meat. (31 Aug.
1754.) upon the presumption
that if it had been wholesome
it would never have
come into his hands. Sonenfels
Polizcy Wien. 1777.
I. 193. d.
By an excellent and a very recent statute no person contracting
with administration is to have a seat
in parliament. Contractors may be accountants or delinquents over
whom Members of Parliament may have to sit as
judges. Stronger Reasons more forcible will be mentioned farther on.
There is perhaps no civilized nation by whose
laws pecuniary or other qualifications are not annexed to various offices:
this is in other words to exclude all those by whom the
qualification is not possessed. The advantage gained is more
or less according to the nature and importance of the
office: and if provided the ground of exclusion be well chosen,
if although the advantage should be but small, the sacrifice
is still less.
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