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1831 Sept 3 | <p>1831 Sept 3</p> | ||
Constitutional Code | <head>Constitutional Code</head> | ||
1. Single seat | <p>1. Single seat<lb/> | ||
but no Judiciary | but no Judiciary</p> | ||
Judges not more | <p>Judges not more<lb/> | ||
than one - Immediate, | than one - Immediate,<lb/> | ||
Appellate. | Appellate.</p> | ||
2. As in <unclear>Admonistratory</unclear> | <p>2. As in <unclear>Admonistratory</unclear></p> | ||
Reasons seen in Ch IX | <p>Reasons seen in Ch IX<lb/> | ||
§ 3: additional here | § 3: additional here.</p> | ||
3. | <p>3.</p> | ||
1. Additional controul | <p>1. Additional <sic>controul</sic><lb/> | ||
applied by the constantly | applied by the constantly<lb/> | ||
employed | employed<lb/> | ||
skilled labour of | skilled labour of<lb/> | ||
Advocates on both | Advocates on both<lb/> | ||
<del>s<gap/></del> sides. | <del>s<gap/></del> sides.</p> | ||
4. Sole use | <p>4. Sole use<lb/> | ||
Moral aptitude | Moral aptitude | ||
secured | secured otherwise</p> | ||
Sole imaginable benefit | <p>Sole imaginable benefit<lb/> | ||
from Judges | from Judges<lb/> | ||
more than one, | more than one,<lb/> | ||
addition to security | addition to security<lb/> | ||
for appropriate | for appropriate<lb/> | ||
moral aptitude: | <hi rend="underline">moral</hi> aptitude:<lb/> | ||
but that such security | but that such security<lb/> | ||
is needless see | is needless see<lb/> | ||
in § 32. | in § 32.</p> | ||
5. Cyphers are | <p>5. Cyphers are<lb/> | ||
all < | all Puisner.</p> | ||
On the superior, weak | <p>On the superior, weak<lb/> | ||
the check by presence | the check by presence<lb/> | ||
of the inferior, who | of the inferior, who<lb/> | ||
for troublesomeness | for troublesomeness<lb/> | ||
might be punished | might be punished<lb/> | ||
with constant discomfort. | with constant discomfort.<lb/> | ||
Accidental | Accidental<lb/> | ||
ill-humour or adverse | ill-humour or adverse<lb/> | ||
interest excepted, | interest excepted,<lb/> | ||
no other stricture | no other stricture<lb/> | ||
will accordingly | will accordingly<lb/> | ||
made than | made than<lb/> | ||
seems necessary to | seems necessary to<lb/> | ||
save him from | save him from<lb/> | ||
appearing a mere | appearing a mere<lb/> | ||
cypher.<pb/> | cypher.</p><pb/> | ||
6. Torpid | <p>6. Torpid<lb/> | ||
from inaction | from inaction<lb/> | ||
<gap/> | Du<gap/></p> | ||
By the torpor <gap/> | <p>By the torpor <del><gap/></del><lb/> | ||
produced by constant | produced by constant<lb/> | ||
inaction, diminished | inaction, diminished<lb/> | ||
will be to this | will be to this<lb/> | ||
as well as all other | as well as all other<lb/> | ||
purposes the influence | purposes the influence<lb/> | ||
of such second and | of such second and<lb/> | ||
every ulterior Judge. | every ulterior Judge.</p> | ||
7. Torpid | <p>7. Torpid<lb/> | ||
<unclear>Punics</unclear></p> | |||
Thus is in every respect | <p>Thus is in every respect<lb/> | ||
appropriate | appropriate<lb/> | ||
aptitude diminished | aptitude diminished</p> | ||
[+] | <p>[+]</p> | ||
<p>1<del>8</del>9 Expense<lb/> | |||
Judicatory | Judicatory<lb/> | ||
too few | too few</p> | ||
Ulterior evils from | <p>Ulterior evils from<lb/> | ||
many seated Judicatories | many seated Judicatories</p> | ||
1. By the number of the | <p>1. By the number of the <lb/> | ||
seats the expense of | seats the expense of<lb/> | ||
remuneratione's multiplied:</p> | |||
<p>2. The number of judicatories<lb/> | |||
kept from<lb/> | |||
being adequate to<lb/> | |||
2. The number of | the need. Evils from<lb/> | ||
kept from | <del><gap/></del> denial of<lb/> | ||
being adequate to | justice</p> | ||
the need. Evils from | <p>2 Increase of delay<lb/> | ||
expense and vexation<lb/> | |||
justice | to suitors.</p> | ||
2 Increase of delay | <p>16 Expense<lb/> | ||
expense and vexation | Judicatories<lb/> | ||
to suitors. | too few</p> | ||
16 Expense | <p>Cause of the denial<lb/> | ||
Judicatories | of justice length of<lb/> | ||
too few | Journeys and demurrage<lb/> | ||
Cause of the denial | between <hi rend="underline">home</hi><lb/> | ||
of justice length of | and Justice-Chamber</p> | ||
Journeys and demurrage | <p>12. Expense<lb/> | ||
between home | Judicatories<lb/> | ||
and Justice-Chamber | too few</p> | ||
12. Expense | <p>Suppose a number of<lb/> | ||
Judicatories | judicatories just sufficient<lb/> | ||
too few | to prevent<lb/> | ||
Suppose a number of | denial of justice:<lb/> | ||
judicatories just sufficient | deduct and anything</p><pb/> | ||
to prevent | |||
denial of justice: | |||
deduct and anything<pb/> | |||
13 IX Expense | <p>13 IX Expense<lb/> | ||
Judicatory | Judicatory<lb/> | ||
too few. | too few.</p> | ||
No where is this sufficient | <p>No where is this sufficient<lb/> | ||
number in | number in<lb/> | ||
existence: cause, difficulty | existence: cause, difficulty<lb/> | ||
of providing | of providing<lb/> | ||
the expense. | the expense.</p> | ||
14. Expense | <p>14. Expense <lb/> | ||
Judicatories | Judicatories<lb/> | ||
too few | too few.</p> | ||
Suppose established | <p>Suppose established<lb/> | ||
the minimum number | the minimum number<lb/> | ||
of judicatories | of judicatories<lb/> | ||
and by this number | and by this number<lb/> | ||
the thus applicable | the thus applicable<lb/> | ||
stock of money exhausted: | stock of money exhausted:<lb/> | ||
to any one | to any one<lb/> | ||
single-seated Judicatory | single-seated Judicatory<lb/> | ||
add now a<lb/> | |||
seat length of journey<lb/> | |||
must be increased<lb/> | |||
in one or more<lb/> | |||
and thus justice denied<lb/> | |||
and delay &c<lb/> | |||
increased.</p> | |||
<p>15 Expense<lb/> | |||
Judicatories<lb/> | |||
too few</p> | |||
<p>Yes: for what reason<lb/> | |||
to ever you add a<lb/> | |||
Judge to any one Judicatory,<lb/> | |||
so should<lb/> | |||
you to every other;<lb/> | |||
thereupon reduction<lb/> | |||
of the number of<lb/> | |||
judicatories from<lb/> | |||
the necessary number<lb/> | |||
to one half;<lb/> | |||
say from 600 to 300:<lb/> | |||
add now to each of<lb/> | |||
the 300 another Judge,<lb/> | |||
you reduce the number<lb/> | |||
of judicatories to<lb/> | |||
150: add to each of<lb/> | |||
the 150, another Judge,<lb/> | |||
<del>you <gap/> <gap/></del><lb/> | |||
<del><gap/> Hall</del><lb/> | |||
<del>County,</del> you reduce<lb/> | |||
the number of Judicatories<lb/> | |||
to 75<del>0</del>: whence<lb/> | |||
come denial, & delay<lb/> | |||
&c (as above) <del>practicable</del><lb/> | |||
proportionable.|</p> | |||
—<lb/> | |||
<p>thereupon comes | |||
denial of justice.</p><pb/> | |||
<p>Ch XII Judiciary Collectively</p> | |||
<p>§ 5. Number in a Judicatory.</p> | |||
<p>Corrupt</p> | |||
<p>16 Opposition</p> | |||
<p>Only by law taxes<lb/> | |||
and fees are these evil<lb/> | |||
effects of supernumariness<lb/> | |||
in Judges<lb/> | |||
kept from observations</p> | |||
<p>17 Corrupt<lb/> | |||
Opposition</p> | |||
<p>Suppose a Judge<lb/> | |||
corrupted: whether<lb/> | |||
by self-regard, sympathy<lb/> | |||
or antipathy:<lb/> | |||
without scandal he<lb/> | |||
may delay justice<lb/> | |||
by pretending doubt:<lb/> | |||
while thus doing<lb/> | |||
wrong, receiving<lb/> | |||
praise for anxiety<lb/> | |||
to do right.</p> | |||
—<lb/> | |||
<p>8 Torpid<lb/> | |||
Punici</p> | |||
<p><add>Objection</add> Constantly inactive,<lb/> | |||
tied together i conjunction<lb/> | |||
with an<lb/> | |||
exclusively acting<lb/> | |||
Chief, <add>are</add> the three Puisnes<lb/> | |||
are in the <add>three</add> Puisnes<lb/> | |||
are in the <del>condition</del><add>three</add><lb/> | |||
<add>Westminster Hall Common</add> <del>of <gap/> <gap/>ept</del><lb/> | |||
<add>Law Courts.</add><del>tied into which th<gap/></del> <lb/> | |||
<del>other is at work</del><lb/> | |||
<del><gap/><gap/> <gap/></del><lb/> | |||
<del>Objection</del> - And <del><gap/></del><lb/> | |||
are they thus unapt?<lb/> | |||
Answer - No: but only<lb/> | |||
because they are<lb/> | |||
also acting singly-<lb/> | |||
seated in Chamber,<lb/> | |||
Circuit, and incidentally<lb/> | |||
<hi rend="underline">Nisi Prins</hi><lb/> | |||
business.</p><pb/> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1831 Sept 3
Constitutional Code
1. Single seat
but no Judiciary
Judges not more
than one - Immediate,
Appellate.
2. As in Admonistratory
Reasons seen in Ch IX
§ 3: additional here.
3.
1. Additional controul
applied by the constantly
employed
skilled labour of
Advocates on both
s sides.
4. Sole use
Moral aptitude
secured otherwise
Sole imaginable benefit
from Judges
more than one,
addition to security
for appropriate
moral aptitude:
but that such security
is needless see
in § 32.
5. Cyphers are
all Puisner.
On the superior, weak
the check by presence
of the inferior, who
for troublesomeness
might be punished
with constant discomfort.
Accidental
ill-humour or adverse
interest excepted,
no other stricture
will accordingly
made than
seems necessary to
save him from
appearing a mere
cypher.
---page break---
6. Torpid
from inaction
Du
By the torpor
produced by constant
inaction, diminished
will be to this
as well as all other
purposes the influence
of such second and
every ulterior Judge.
7. Torpid
Punics
Thus is in every respect
appropriate
aptitude diminished
[+]
189 Expense
Judicatory
too few
Ulterior evils from
many seated Judicatories
1. By the number of the
seats the expense of
remuneratione's multiplied:
2. The number of judicatories
kept from
being adequate to
the need. Evils from
denial of
justice
2 Increase of delay
expense and vexation
to suitors.
16 Expense
Judicatories
too few
Cause of the denial
of justice length of
Journeys and demurrage
between home
and Justice-Chamber
12. Expense
Judicatories
too few
Suppose a number of
judicatories just sufficient
to prevent
denial of justice:
deduct and anything
---page break---
13 IX Expense
Judicatory
too few.
No where is this sufficient
number in
existence: cause, difficulty
of providing
the expense.
14. Expense
Judicatories
too few.
Suppose established
the minimum number
of judicatories
and by this number
the thus applicable
stock of money exhausted:
to any one
single-seated Judicatory
add now a
seat length of journey
must be increased
in one or more
and thus justice denied
and delay &c
increased.
15 Expense
Judicatories
too few
Yes: for what reason
to ever you add a
Judge to any one Judicatory,
so should
you to every other;
thereupon reduction
of the number of
judicatories from
the necessary number
to one half;
say from 600 to 300:
add now to each of
the 300 another Judge,
you reduce the number
of judicatories to
150: add to each of
the 150, another Judge,
you
Hall
County, you reduce
the number of Judicatories
to 750: whence
come denial, & delay
&c (as above) practicable
proportionable.|
—
thereupon comes denial of justice.
---page break---
Ch XII Judiciary Collectively
§ 5. Number in a Judicatory.
Corrupt
16 Opposition
Only by law taxes
and fees are these evil
effects of supernumariness
in Judges
kept from observations
17 Corrupt
Opposition
Suppose a Judge
corrupted: whether
by self-regard, sympathy
or antipathy:
without scandal he
may delay justice
by pretending doubt:
while thus doing
wrong, receiving
praise for anxiety
to do right.
—
8 Torpid
Punici
Objection Constantly inactive,
tied together i conjunction
with an
exclusively acting
Chief, are the three Puisnes
are in the three Puisnes
are in the conditionthree
Westminster Hall Common of ept
Law Courts.tied into which th
other is at work
Objection - And
are they thus unapt?
Answer - No: but only
because they are
also acting singly-
seated in Chamber,
Circuit, and incidentally
Nisi Prins
business.
---page break---
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