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1825. | <p>1825. Dec<hi rend="superscript">r</hi>. 23<hi rend="superscript">d</hi>.</p> | ||
Constitutional Code. | <head>Constitutional Code.</head> | ||
<note>Ch.XII. Judiciary Collectively<lb/> | |||
§.24. Remuneration</note><lb/> | |||
1. | <p>1.</p> | ||
Pecuniary remuneration | <p>Pecuniary remuneration<lb/> | ||
amount | amount of:</p> | ||
2. | <p>2.</p> | ||
No remuneration | <p>No remuneration<lb/> | ||
from individuals. | from individuals.</p> | ||
3. | <p>3.</p> | ||
Of money received | <p>Of money received<lb/> | ||
by Judges connections | by Judges connections<lb/> | ||
the corruptive effect | the corruptive effect<lb/> | ||
may be as great | may be as great on<lb/> | ||
Judge, as of money received | Judge, as of money received<lb/> | ||
by himself yet | by himself yet<lb/> | ||
for acts of other inflicting | for acts of other inflicting<lb/> | ||
punishment | punishment on<lb/> | ||
Judge, would be altogether | Judge, would be altogether<lb/> | ||
unjust and | unjust and<lb/> | ||
mischievous. | mischievous.</p> | ||
4. | <p>4.</p> | ||
But if justice of an | <p>But if justice of an<lb/> | ||
act of Judges be dubious, | act of Judges be dubious,<lb/> | ||
the benefit | the benefit<lb/> | ||
accruing to his connections | accruing to his connections<lb/> | ||
may be an | may be an<lb/> | ||
additional ground for | additional ground for<lb/> | ||
appeal. | appeal.</p> | ||
5. | <p>5.</p> | ||
Elicitation of evidence | <p>Elicitation of evidence<lb/> | ||
of corruption allowed | of corruption allowed<lb/> | ||
to any person in | to any person in<lb/> | ||
his respectability as | his respectability as<lb/> | ||
to insincerity on temeracious | to insincerity on temeracious <lb/> | ||
vexation | vexation</p> | ||
6. | <p>6.</p> | ||
To judge from such | <p>To judge from such<lb/> | ||
attempts at elicitation, | attempts at elicitation,<lb/> | ||
no harm if innocent. | no harm if innocent. | ||
<pb/> | </p><pb/> | ||
7. | <p>7.</p> | ||
In the case of immediate | <p>In the case of immediate<lb/> | ||
Judicial | Judicial<lb/> | ||
functionaries added | functionaries added<lb/> | ||
to pecuniary remuneration, | to pecuniary remuneration,<lb/> | ||
is prospect | is prospect<lb/> | ||
to promotion to an | to promotion to an<lb/> | ||
Appellate Judicatory. | Appellate Judicatory.</p> | ||
8. | <p>8.</p> | ||
So in the case of Depute, | <p>So in the case of Depute,<lb/> | ||
prospect of location, | prospect of location,<lb/> | ||
as principal | as principal<lb/> | ||
is added to the inseparable | is added to the inseparable<lb/> | ||
power and | power and<lb/> | ||
dignity of his situation. | dignity of his situation.</p> | ||
9. | <p>9.</p> | ||
No service, no remuneration. | <p>No service, no remuneration.</p> | ||
10. | <p>10.</p> | ||
Without experience | <p>Without experience<lb/> | ||
no assurance but | no assurance but<lb/> | ||
that, by pecuniary | that, by pecuniary<lb/> | ||
competition, the largest | competition, the largest<lb/> | ||
salaries may<lb/> | |||
be reduced to 0. | be reduced to 0.</p> | ||
11. | <p>11.</p> | ||
In France, small | <p>In France, small<lb/> | ||
salaries, though<lb/> | |||
enormous extortion | enormous extortion<lb/> | ||
of the members of | of the members of<lb/> | ||
their <hi rend="underline"><sic><hi rend="underline">Parlements</hi></sic> | their <hi rend="underline"><sic><hi rend="underline">Parlements</hi></sic>.</hi></p> | ||
12. | <p>12.</p> | ||
Supposing the salary | <p>Supposing the salary<lb/> | ||
thus reduced | thus reduced<lb/> | ||
to 0, here would be | to 0, here would be<lb/> | ||
unpaid <sic>Majistracy</sic> | unpaid <sic>Majistracy</sic><lb/> | ||
but unattended with | but unattended with<lb/> | ||
the evils of the actual | the evils of the actual<lb/> | ||
unpaid Magistracy. | unpaid Magistracy.</p><pb/> | ||
13. | <p>13.</p> | ||
Under existing | <p>Under existing<lb/> | ||
system, evils of the | system, evils of the<lb/> | ||
Magistracy not | Magistracy not<lb/> | ||
owing to their being | owing to their being<lb/> | ||
<add>un-</add>paid. | <add>un-</add>paid.</p> | ||
14. | <p>14.</p> | ||
Sources of these evils | <p>Sources of these evils<lb/> | ||
1. Badness of the laws. | 1. Badness of the laws. | ||
</p> | |||
<p>15.</p> | |||
<p>2. Absence of securities.</p> | |||
<p>16.</p> | |||
<p>3. Situation exposing<lb/> | |||
them to put laws <lb/> | |||
to mischievous uses.</p> | |||
20. | <p>17.</p> | ||
<p>Supposing them<lb/> | |||
and Magistrate's | to be in reality unpaid,<lb/> | ||
power and patronage | the evil w<hi rend="superscript">d</hi>.<lb/> | ||
increased. | be still further increased.</p> | ||
<p>18.</p> | |||
<p>But they are not<lb/> | |||
in fact unpaid.</p> | |||
<p>19.</p> | |||
<p>Paid, not into<lb/> | |||
their own hands,<lb/> | |||
but into those of<lb/> | |||
their Clerk.</p> | |||
<p>20.</p> | |||
<p>Clerk a protege,<lb/> | |||
and Magistrate's<lb/> | |||
power and patronage<lb/> | |||
increased.</p> | |||
<p>21.</p> | |||
<p>As to Corruptive<lb/> | |||
nature of source<lb/> | |||
of emolument,<lb/> | |||
see Ch. IX.</p><pb/> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1825. Decr. 23d.
Constitutional Code.
Ch.XII. Judiciary Collectively
§.24. Remuneration
1.
Pecuniary remuneration
amount of:
2.
No remuneration
from individuals.
3.
Of money received
by Judges connections
the corruptive effect
may be as great on
Judge, as of money received
by himself yet
for acts of other inflicting
punishment on
Judge, would be altogether
unjust and
mischievous.
4.
But if justice of an
act of Judges be dubious,
the benefit
accruing to his connections
may be an
additional ground for
appeal.
5.
Elicitation of evidence
of corruption allowed
to any person in
his respectability as
to insincerity on temeracious
vexation
6.
To judge from such
attempts at elicitation,
no harm if innocent.
---page break---
7.
In the case of immediate
Judicial
functionaries added
to pecuniary remuneration,
is prospect
to promotion to an
Appellate Judicatory.
8.
So in the case of Depute,
prospect of location,
as principal
is added to the inseparable
power and
dignity of his situation.
9.
No service, no remuneration.
10.
Without experience
no assurance but
that, by pecuniary
competition, the largest
salaries may
be reduced to 0.
11.
In France, small
salaries, though
enormous extortion
of the members of
their <sic><hi rend="underline">Parlements</sic>.</hi>
12.
Supposing the salary
thus reduced
to 0, here would be
unpaid Majistracy
but unattended with
the evils of the actual
unpaid Magistracy.
---page break---
13.
Under existing
system, evils of the
Magistracy not
owing to their being
un-paid.
14.
Sources of these evils
1. Badness of the laws.
15.
2. Absence of securities.
16.
3. Situation exposing
them to put laws
to mischievous uses.
17.
Supposing them
to be in reality unpaid,
the evil wd.
be still further increased.
18.
But they are not
in fact unpaid.
19.
Paid, not into
their own hands,
but into those of
their Clerk.
20.
Clerk a protege,
and Magistrate's
power and patronage
increased.
21.
As to Corruptive
nature of source
of emolument,
see Ch. IX.
---page break---
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