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'' | <p>1826. Dec<hi rend="superscript">r</hi> 12</p> | ||
Constitutional Code | |||
Ch. XII | |||
S.5. Number | |||
11. Employed | |||
Art.11. In no country | |||
are there as many | |||
judicatories as the | |||
service requires. Of | |||
the money which rulers | |||
are willing to allot to | |||
the service, the greatest | |||
part is wasted upon | |||
supernumerary Judges. | |||
12. Employed | |||
Art.12. Only a still | |||
more abundantly operative | |||
cause, is the operation | |||
of in the | |||
production of the denial | |||
of justice, kept out | |||
of the people's sight: | |||
viz. by law taxes and | |||
fees, official and professional. | |||
13. Employed | |||
— | |||
Art 13. In each Judicatory | |||
delay is increased | |||
by the addition of the | |||
second judge. Increase | |||
proportioned to the part | |||
which, if honest, he takes | |||
in the business: | |||
1. By time, occupied in | |||
making up his own | |||
mind. | |||
2. In discussing the | |||
matter with the superior. | |||
— | |||
14. Employed | |||
Art 14. If by corruption | |||
or sympathy or antipathy | |||
either has a sinister | |||
interest, which | |||
is promoted by delay, | |||
he may produce it | |||
without scandal, by | |||
pretending doubts, and | |||
while promoting this | |||
sinister interest, acquire | |||
the reputation | |||
of extraordinary moral | |||
aptitude on the score | |||
of extra anxiety to | |||
judge right. | |||
—<pb/> | |||
Ch. X.II | |||
Instructional & Gallici | |||
S.5. Number | |||
15. | |||
Art.15 With these principles | |||
compare the French | |||
and English practice. | |||
In French practice, errors | |||
in principle, consisting | |||
in applications. | |||
16. | |||
Art 16. In English, principle | |||
none: inconsistency, | |||
consummate. | |||
17. | |||
Art 17. In French practice, | |||
the principle assumed | |||
is probability of | |||
justice is in the direct | |||
ration of the number of | |||
judges in each Judicatory. | |||
18. | |||
Art 18. Causes of this error. | |||
1. The real use of a Colleague | |||
to the first chosen | |||
Judge, to serve as | |||
a check before the existence | |||
of a Public Opinion | |||
Tribunal, capable | |||
of serving as a check. | |||
19. | |||
Art 19.2. The practice of | |||
selling judicial offices | |||
to raise money for monarch's | |||
use's the judges | |||
indemnifying themselves | |||
by taxing suitors. | |||
By this practice was | |||
produced authority together | |||
pupildice in | |||
favour of multiplicity. | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
1826. Decr 12
Constitutional Code
Ch. XII
S.5. Number
11. Employed
Art.11. In no country
are there as many
judicatories as the
service requires. Of
the money which rulers
are willing to allot to
the service, the greatest
part is wasted upon
supernumerary Judges.
12. Employed
Art.12. Only a still
more abundantly operative
cause, is the operation
of in the
production of the denial
of justice, kept out
of the people's sight:
viz. by law taxes and
fees, official and professional.
13. Employed
—
Art 13. In each Judicatory
delay is increased
by the addition of the
second judge. Increase
proportioned to the part
which, if honest, he takes
in the business:
1. By time, occupied in
making up his own
mind.
2. In discussing the
matter with the superior.
—
14. Employed
Art 14. If by corruption
or sympathy or antipathy
either has a sinister
interest, which
is promoted by delay,
he may produce it
without scandal, by
pretending doubts, and
while promoting this
sinister interest, acquire
the reputation
of extraordinary moral
aptitude on the score
of extra anxiety to
judge right.
—
---page break---
Ch. X.II Instructional & Gallici S.5. Number 15. Art.15 With these principles compare the French and English practice. In French practice, errors in principle, consisting in applications. 16. Art 16. In English, principle none: inconsistency, consummate. 17. Art 17. In French practice, the principle assumed is probability of justice is in the direct ration of the number of judges in each Judicatory. 18. Art 18. Causes of this error. 1. The real use of a Colleague to the first chosen Judge, to serve as a check before the existence of a Public Opinion Tribunal, capable of serving as a check. 19. Art 19.2. The practice of selling judicial offices to raise money for monarch's use's the judges indemnifying themselves by taxing suitors. By this practice was produced authority together pupildice in favour of multiplicity.
Identifier: | JB/042/138/001"JB/" can not be assigned to a declared number type with value 42. |
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[[notes_public::"relates to judges only: not to minister" [note in bentham's hand]]] |
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