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Constitutional Code ++</head> | Constitutional Code ++</head> | ||
<note> | <note>Note (6)<lb/> | ||
Ch. XII. Judiciary collectively<lb/> | Ch. XII. Judiciary collectively<lb/> | ||
§.3. Judicial functionaries<lb/> | <del>§.3. Judicial functionaries</del><lb/> | ||
§.5. Number in a Judicatory</note> | §.5. Number in a Judicatory</note> | ||
<p>6</p> | <p>6</p> | ||
<p>☞ Copied and Copy<lb/> | <p>☞ <hi rend="underline">Copied and Copy<lb/> | ||
corrected<lb/> | corrected</hi><lb/> | ||
J. B.</p> | J. B.</p> | ||
<note>13</note> | <note>13</note> | ||
<p>Art. 13. By a Instructional Exemplificative</p> | <p><del>Art. 13. By a Instructional Exemplificative</del></p> | ||
<p>Note (b)</p> | <p>Note (b)</p> | ||
<p>(b) 1 Art. 14. Under matchless Constitution Look more to<lb/> | <p>(b) 1 <del>Art. 14. Under matchless Constitution</del> Look more to<lb/> | ||
matchless Constitution. Four Judges, <gap/> paid to | <hi rend="underline">matchless Constitution</hi>. <hi rend="underline">Four</hi> Judges, <del><gap/></del> paid <del>to do</del><lb/> | ||
for doing badly what would be done as that which which (as<lb/> | for doing badly <del>what would be done as</del> that <del>which</del> <add>which</add> (as<lb/> | ||
has | has been <add>seen</add> above) would be done much less badly by<lb/> | ||
one: the expence to the public <gap/> consequently thus far quadruple.</p> | <hi rend="underline">one</hi>: the <sic>expence</sic> to the public <del><gap/></del> consequently <add>thus far</add> quadruple.</p> | ||
<p>2. Of course This observation applies <gap/> solely to that part of the business of which<lb/> | <p>2. Of <add>course</add> This <add>observation</add> applies <del><gap/></del> solely to that part of the business <del>of which</del><lb/> | ||
which is exclusively of exclusive of that which is called <gap/> the trial, and except and which | which is <del>exclusively of</del> <add>exclusive of that which is called <del><gap/></del></add> the trial, <del>and except</del> <add>and which</add> if the ends of<lb/> | ||
justice were the objects, would not be done at all.</p> | justice were the objects, would not be done at all.</p> | ||
<p>3. Portions of the business, in which this waste of dearly paid<lb/> | <p>3. Portions of the business, in which this waste of dearly paid<lb/> | ||
labour has no place are — 1. the business called the trial:<lb/> | labour has <unclear>no place</unclear> are — 1. the business called the <hi rend="underline">trial</hi>:<lb/> | ||
in which the elicitation of evidence is performed in the best<lb/> | in which the elicitation of evidence is performed in the best<lb/> | ||
mode. 2. that part, which is called the chamber <gap/> business<lb/> | mode. 2. that part, which is called the <hi rend="underline">chamber <del><add><gap/></add></del> business</hi><lb/> | ||
and which is carried on — the whole of it — <gap/> <gap/> under a veil of<lb/> | and which is carried on — the whole of it — <del><gap/> <gap/></del> <add>under a veil</add> of<lb/> | ||
secrecy: <gap/> <gap/> no parties being present, but the <gap/> other than the<lb/> | secrecy: <del><gap/> <gap/></del> no <unclear>parties</unclear> being present, <del>but the <gap/></del> <add>other than the</add><lb/> | ||
the <gap/> <gap/> < | <del>the parties <gap/> <gap/></del> <add>professional lawyers — men</add> whose interest it is that the <gap/> of p<gap/><lb/> | ||
should be <gap/> in as high a degree as possible <gap/> contravened — expence, delay and<lb/> | should be <del><gap/></del> <add>in as high a degree</add> as possible <del><gap/></del> <add>contravened</add> — expence, delay and<lb/> | ||
vexation maximized.</p> | vexation maximized.</p> | ||
<p>4. Here then on the part of the law, added to the imputation reproach of inaptitude is<lb/> | <p>4. Here then <add>on the part of the law,</add> added to the <del>imputation</del> <add>reproach</add> of <hi rend="underline">inaptitude</hi> is<lb/> | ||
that of inconsistency: the business <gap/> mode of performing the<lb/> | that of <hi rend="underline">inconsistency</hi>: the <del>business <gap/></del> mode of performing the<lb/> | ||
business in full Court — all four Judges present — <gap/> not <gap/> justifiable<lb/> | business in <add>full</add> Court — all four Judges present — <del><gap/></del> not <del><gap/></del> justifiable<lb/> | ||
but the <gap/> mode of doing it in <gap/> <gap/> at Chambers must be<lb/> | but the <del><gap/></del> mode of doing it <del>in <gap/> <gap/></del> <add>at Chambers</add> must be<lb/> | ||
<unclear>continued</unclear>: the mode of doing <del>the</del> business at Chambers <del><gap/></del> not<lb/> | |||
b<gap/> justifiable, but the mode of doing it in Court must be condemned.</p> | <del>b<gap/></del> <add>justifiable</add>, but the mode of doing it in <hi rend="underline">Court</hi> must be <unclear>condemned</unclear>.</p> | ||
<p>5. Four is the number of these Judicatories. Then <gap/> three<lb/> | <p>5. <hi rend="underline"><unclear>Four</unclear></hi> is the number of these Judicatories. Then <del><gap/></del> <add>three</add><lb/> | ||
the number of those the instances in which the superfactition just described<lb/> | the number of <del>those</del> <add>the instances</add> in which the <hi rend="underline"><unclear>superfactition</unclear></hi> just described<lb/> | ||
has place.</p> | has place.</p> | ||
<p>6. Peculiar to those judicatories, are | <p>6. Peculiar to <add>those judicatories, are <unclear>need</unclear> by which</add> the species of <del><gap/></del> <hi rend="underline"><unclear>pseudonomics</unclear></hi> — of <unclear>sham</unclear>-<lb/> | ||
and Judge-made law stiled Common Law in contradistinction<lb/> | and Judge-made law <sic>stiled</sic> <hi rend="underline">Common Law</hi> in contradistinction<lb/> | ||
to Equity is administered is this quadruplicity thus preferred and<lb/> | to <hi rend="underline">Equity</hi> <add>is administered</add> is this <hi rend="underline">quadruplicity</hi> thus preferred and<lb/> | ||
substituted to unity: no where Equity is the name of in<lb/> | substituted to <hi rend="underline">unity</hi>: <del>no where <hi rend="underline">Equity</hi> is the name of</del> in<lb/> | ||
no instance in which Equity is the name of the doing which is<lb/> | no instance in which Equity is the name of the doing which is<lb/> | ||
administered<lb/> | <add>administered</add><lb/> | ||
<note>administered has it<lb/> | <note>administered has it<lb/> | ||
place: not in either of<lb/> | place: not in either of<lb/> | ||
any one of the | any <del>one</del> of the three <del><add>superadded<gap/></add></del><lb/> | ||
superior | <add>superior Judicatories</add>, so strongly<lb/> | ||
piled, each one above another<lb/> | piled, <add><unclear>each</unclear></add> one above another<lb/> | ||
stiled the Master of the Rolls: Court, the Vice-Chancellor's Court, and the Lord High Chancellor's Court: nor yet in any one of those subordinate inferior Judicatories in<lb/> | <sic>stiled</sic> the Master of the Rolls: Court, the Vice-Chancellor's Court, and the Lord High Chancellor's Court: nor yet in any <add>one</add> of those <del>subordinate</del> <add>inferior</add> Judicatories in<lb/> | ||
which<lb/> | <add>which</add><lb/> | ||
the Judge is stiled a Master in Chancery.</note></p> | the Judge is <sic>stiled</sic> a Master in <add>Chancery.</add></note></p> | ||
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1831 July 3 J
Constitutional Code ++
Note (6)
Ch. XII. Judiciary collectively
§.3. Judicial functionaries
§.5. Number in a Judicatory
6
☞ Copied and Copy
corrected
J. B.
13
Art. 13. By a Instructional Exemplificative
Note (b)
(b) 1 Art. 14. Under matchless Constitution Look more to
matchless Constitution. Four Judges, paid to do
for doing badly what would be done as that which which (as
has been seen above) would be done much less badly by
one: the expence to the public consequently thus far quadruple.
2. Of course This observation applies solely to that part of the business of which
which is exclusively of exclusive of that which is called the trial, and except and which if the ends of
justice were the objects, would not be done at all.
3. Portions of the business, in which this waste of dearly paid
labour has no place are — 1. the business called the trial:
in which the elicitation of evidence is performed in the best
mode. 2. that part, which is called the chamber business
and which is carried on — the whole of it — under a veil of
secrecy: no parties being present, but the other than the
the parties professional lawyers — men whose interest it is that the of p
should be in as high a degree as possible contravened — expence, delay and
vexation maximized.
4. Here then on the part of the law, added to the imputation reproach of inaptitude is
that of inconsistency: the business mode of performing the
business in full Court — all four Judges present — not justifiable
but the mode of doing it in at Chambers must be
continued: the mode of doing the business at Chambers not
b justifiable, but the mode of doing it in Court must be condemned.
5. Four is the number of these Judicatories. Then three
the number of those the instances in which the superfactition just described
has place.
6. Peculiar to those judicatories, are need by which the species of pseudonomics — of sham-
and Judge-made law stiled Common Law in contradistinction
to Equity is administered is this quadruplicity thus preferred and
substituted to unity: no where Equity is the name of in
no instance in which Equity is the name of the doing which is
administered
administered has it
place: not in either of
any one of the three superadded
superior Judicatories, so strongly
piled, each one above another
stiled the Master of the Rolls: Court, the Vice-Chancellor's Court, and the Lord High Chancellor's Court: nor yet in any one of those subordinate inferior Judicatories in
which
the Judge is stiled a Master in Chancery.
Identifier: | JB/042/261/001"JB/" can not be assigned to a declared number type with value 42. |
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