JB/042/257/001

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1826. Decr. 7
Constitutional Code

Ch. XII. Judiciary collectively
§.5. Number in a judicatory

2

4
Art. 4. 2. Of Mutual
conduct controul on misconduct
the need is
superseded by Securities
for appropriate aptitude
as per § .

Ratiocinative
Art. 4. 2 From any addition to number one in a Judicatory
the sole ground only beneficial effect the which can be expected, with
relation to the ends of Judicatories are those of a check to misconduct
on the part and in particular to that which is the misconduct in those
shapes in which it is the result of deficiency in respect of
appropriate moral aptitude on the part of the first Judge
first constituted: but against this any such security deficiency
other security and ample securities are provided in abundance,
as to which see §. Securities &c

5
Art. 5. 3. Weakness of
such mutual controul.
By the President
in whom reposes
the confidence from above
the whole life of every
colleague by whom
his will is opposed
may be made uncomfortable

Ratiocinative
Art. 5. 3. As to this check, weak and inefficient
will it be seen to be. By opposition to the will of his colleagues the
Judge whose location is the result of the first chosen — by opposition
to the will of this his superior the inferior might lose suf
lose the whole comfort of the official part of his life: by acquiescence
no less does he sustain suffer in any shape. Only therefore No greater things
than what to him appears necessary to save himself
from positive censure at the hands of superordinates, will
and from being regarded by them as a cypher, will
be the part taken by him in the business

6
Art. 6. 4. Hence none
but the presiding Judge
has adequate motives
for the exertion necessary
to create and preserve
intellectual and
active aptitude.

Ratiocinative
Art. 6. 4. 4. To From the efficiency of the checks thus applied to misconduct
in the through moral inaptitude on the part of the first chosen Judge as from the value of the affection any add
capable of being supplement capable of being made to his
appropriate intellectual aptitude a cause of deficiency defalcation may be seen by
that produced in the defalcation made from his own intellectual and active aptitude by the
proper produced for want of adequate cause of motives of
for exertion as above

7
Art. 5. Yet, as the
President may place
more or less
reliance on the others,
thus is aptitude diminished
on all
sides.

Ratiocinative
Art. 7. In this way it is that when his Judges are
placed in the same judicatory with powers universally the same,
each of them the appropriate aptitude in its several branches
is diminished by the coexistence of the others

Identifier: | JB/042/257/001"JB/" can not be assigned to a declared number type with value 42.
Date_1	1826-12-07	Marginal Summary Numbering	4-7
Box	042	Main Headings	constitutional code
Folio number	257	Info in main headings field	constitutional code
Image	001	Titles	ratiocinative
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1826
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1826
Notes public		ID Number	13180
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