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1825. | <p>1825. Dec<hi rend="superscript">r</hi>.</p> | ||
Constitutional Code. | <p>Constitutional Code.</p> | ||
Ch. | <p>Ch.XII. Judicial Collective<hi rend="superscript">ly.</hi></p> | ||
S.2<gap/> Judicatories d. | <p>S.2<gap/> Judicatories d.</p> | ||
14. | <p>14.</p> | ||
The greater the number | <p>The greater the number<lb/> | ||
of these occasional | of these occasional<lb/> | ||
Judicatories for the business | Judicatories for the business<lb/> | ||
in hand, the | in hand, the<lb/> | ||
shorter their duration: | shorter their duration:<lb/> | ||
thence, the less the time | thence, the less the time<lb/> | ||
the Judges | the Judges w<hi rend="superscript">d</hi>. be abstracted<lb/> | ||
from the | from the<lb/> | ||
Sources of their expectation | Sources of their expectation<lb/> | ||
of permanent | of permanent<lb/> | ||
location. | location.</p> | ||
15. | <p>15.</p> | ||
For though | <p>For though</p> | ||
1. For th location in | <p>1. For th location in<lb/> | ||
the temporary Judicatories, | the temporary Judicatories,<lb/> | ||
experience | experience<lb/> | ||
in the field of service | in the field of service<lb/> | ||
could not be too extensive: | could not be too extensive:<lb/> | ||
yet | yet</p> | ||
2. By such location | <p>2. By such location<lb/> | ||
it would be narrowed, | it would be narrowed,<lb/> | ||
and the locatee | and the locatee<lb/> | ||
made less | made less<lb/> | ||
apt for location in | apt for location in<lb/> | ||
a permanent judicatory. | a permanent judicatory.</p> | ||
16. | <p>16.</p> | ||
Of each such temporary | <p>Of each such temporary<lb/> | ||
Judge, it would | Judge, it would<lb/> | ||
be the interest to | be the interest to<lb/> | ||
maximize the publicity | maximize the publicity<lb/> | ||
of his proceedings, | of his proceedings,<lb/> | ||
that the notoriety | that the notoriety<lb/> | ||
of his qualifications | of his qualifications<lb/> | ||
for permanent | for permanent<lb/> | ||
employment may be | employment may be<lb/> | ||
maximized. | maximized.</p> | ||
17. | <p>17.</p> | ||
For this and other obvious | <p>For this and other obvious<lb/> | ||
reasons, most | reasons, most<lb/> | ||
apt seat of all these | apt seat of all these<lb/> | ||
Judicatories would | Judicatories would<lb/> | ||
in general be the | in general be the<lb/> | ||
metropolitan Sub- | metropolitan Sub-<lb/> | ||
District - seat of | District - seat of<lb/> | ||
Government. <pb/> | Government.</p> <pb/> | ||
Ch.XII. Judiciary Collectively. | <p>Ch.XII. Judiciary Collectively.</p> | ||
S. | <p>S.2<gap/>. Judicatories <gap/></p> | ||
18. | <p>18.</p> | ||
With this arrangement | <p>With this arrangement<lb/> | ||
compare English | compare English d<hi rend="superscript">o</hi>. in<lb/> | ||
use. | use.</p> | ||
Evils opposite to the | <p>Evils opposite to the<lb/> | ||
ends of justice maximized. | ends of justice maximized.</p> | ||
1. Non-decision: viz. | <p>1. Non-decision: viz.<lb/> | ||
from for vast lengths of | <del>from</del> <add>for</add> vast lengths of<lb/> | ||
time, to a vast proportion | time, to a vast proportion<lb/> | ||
of the number | of the number<lb/> | ||
of accountants and | of accountants and<lb/> | ||
claimants by the quantity | claimants by the quantity<lb/> | ||
of business for | of business for w<hi rend="superscript">h</hi>.<lb/> | ||
no more than one | no more than one<lb/> | ||
such Judicatory is | such Judicatory is<lb/> | ||
provided. | provided.</p> | ||
19. | <p>19.</p> | ||
2. Misdecision viz. opportunities | <p>2. Misdecision viz. opportunities<lb/> | ||
for it by | for it by <lb/> | ||
1. Secresy of the proceeding. | 1. <sic>Secresy</sic> of the proceeding.</p> | ||
2. Judges more than one | <p>2. Judges more than one<lb/> | ||
or two: each, perhaps, | or two: each, perhaps,<lb/> | ||
with a different locator | with a different locator<lb/> | ||
and patron, whose sinister | and patron, whose sinister<lb/> | ||
wishes he will | wishes he will<lb/> | ||
always be able to fulfill: | always be able to fulfill:<lb/> | ||
each for the accomplishment | each for the accomplishment<lb/> | ||
of his | of his<lb/> | ||
own, conniving at the | own, conniving at the<lb/> | ||
accomplishment of | accomplishment of<lb/> | ||
the other's. | the other's.</p> | ||
3. Delay, vexation and | <p>3. Delay, vexation and<lb/> | ||
expence maximized | expence maximized<lb/> | ||
by the continuance | by the continuance<lb/> | ||
of the Salary | of the Salary<lb/> | ||
of the Judges & their subordinates. | of the Judges & their subordinates.</p> | ||
20. | <p>20.</p> | ||
For detached exemplifications | <p>For detached exemplifications<lb/> | ||
no room | no room<lb/> | ||
here - Instructive | here - Instructive<lb/> | ||
those obtainable from | those obtainable from<lb/> | ||
English parliamentary | English parliamentary<lb/> | ||
papers. <pb/> | papers.</p> <pb/> | ||
Ch.XII. Judiciary Collectively? | <p>Ch.XII. Judiciary Collectively?</p> | ||
S.29. Judicatories &c. | <p>S.29. Judicatories &c.</p> | ||
21 1 | <p>21 1</p> | ||
Account taking | <p>Account taking Judica<del>tion</del>tory,<lb/> | ||
what. | what.</p> | ||
22 | <p>22 or 2</p> | ||
Evidence reward by | <p>Evidence reward by<lb/> | ||
it, a Voucher. | it, a <hi rend="underline">Voucher</hi>.</p> | ||
conclusive without | conclusive without<lb/> | ||
oral- Add statement | oral- Add statement<lb/> | ||
by a 3.d person. | by a 3.<hi rend="superscript">d</hi> person. | ||
23.3 | 23.3 | ||
Occupation of the Judicatory | Occupation of the Judicatory |
1825. Decr.
Constitutional Code.
Ch.XII. Judicial Collectively.
S.2 Judicatories d.
14.
The greater the number
of these occasional
Judicatories for the business
in hand, the
shorter their duration:
thence, the less the time
the Judges wd. be abstracted
from the
Sources of their expectation
of permanent
location.
15.
For though
1. For th location in
the temporary Judicatories,
experience
in the field of service
could not be too extensive:
yet
2. By such location
it would be narrowed,
and the locatee
made less
apt for location in
a permanent judicatory.
16.
Of each such temporary
Judge, it would
be the interest to
maximize the publicity
of his proceedings,
that the notoriety
of his qualifications
for permanent
employment may be
maximized.
17.
For this and other obvious
reasons, most
apt seat of all these
Judicatories would
in general be the
metropolitan Sub-
District - seat of
Government.
---page break---
Ch.XII. Judiciary Collectively.
S.2. Judicatories
18.
With this arrangement
compare English do. in
use.
Evils opposite to the
ends of justice maximized.
1. Non-decision: viz.
from for vast lengths of
time, to a vast proportion
of the number
of accountants and
claimants by the quantity
of business for wh.
no more than one
such Judicatory is
provided.
19.
2. Misdecision viz. opportunities
for it by
1. Secresy of the proceeding.
2. Judges more than one
or two: each, perhaps,
with a different locator
and patron, whose sinister
wishes he will
always be able to fulfill:
each for the accomplishment
of his
own, conniving at the
accomplishment of
the other's.
3. Delay, vexation and
expence maximized
by the continuance
of the Salary
of the Judges & their subordinates.
20.
For detached exemplifications
no room
here - Instructive
those obtainable from
English parliamentary
papers.
---page break---
Ch.XII. Judiciary Collectively?
S.29. Judicatories &c.
21 1
Account taking Judicationtory,
what.
22 or 2
Evidence reward by
it, a Voucher.
conclusive without
oral- Add statement
by a 3.d person.
23.3
Occupation of the Judicatory
receiving
1. from one party, admissions
of money &c
received by him-confessional
self chaging
evidence.
2 from do. vouchers-
consisting of evidence
by a 3d. person of his
having performed the
services by the aggregate
of which he wd
be discharged.
24.4.
Incidental application.
1.Disallowance for a
voucher for non-authenticity.
2. Allegation of proudly
non-performance
or mal-performanceit evidence
in lieu of a
voucher cost.
—
25 or 5.
An account is an
assemblage of suits:
as many as items:
by each item, one party
claims a service
from the other. Each
claims a decision from the Judges.
---page break---
Ch. XII. Judiciary Collectively S.29. Judicatories for accounts and claims. Instructions. 26 or 6. Ye, two classes there are of cases in which no more than one party is seen acting: 1. in one, as Defendant: one person giving account of money &c received by him. 2. In the other, as pursuer: claiming money &c. as due to him out of a fund.
28 or 21 In the denomination Of the Court of Claims expressiveness not altogether wanting, but inferior to be CLaim receiving: of AUdit Court the denomination expressive: less being heard in that than in any other
of the services, performance of which a voucher attests. 3. Application for liberty to exhib
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