JB/042/138/001

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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.

—

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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.

VI.3.

17.

Art 17. In French practice,
the principle assumed,
is probability of
justice is in the direct
ratio of the number of
judges in each Judicatory.

VI.4

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.

VI.5

19.

Art 19.2. The practice of
selling judicial offices
to raise money for monarch's
use: the judges
indemnifying themselves
by taxing suitors.

By this practice was
produced authority begotten
prejudice in favour
of multiplicity.

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Relates to Judges only: not to
Ministers.

Ch.

S.

Instructional Anglici

20.

Art.20. Now for English
inconsistency.

1, With the exception
of the House of Lord's
judicial power, retained
by it in it's
quality of a branch
of the supreme legislatives
authority, the
superior aptitude of
so simple seated judicatory
is recognized
in the instance
of the Chancellor,
who is at the head
of the Judicatory, and
has virtually the locative
power as to
all the other great
judicial situations.

21.

Art 21. Yet, for the
same class of suits,
four-seated is preferable
to single-seated.
Witness the Exchequer
Court.

22.

Art 22. As to the H.
of Lords, being a branch
of the supreme
authority, one case
there is in which necessity
pleads for it's
bearing a part at
least in judicature.
viz. the case of criminal
misconduct
on the part of the
highest ordinary Judge.

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Ch XII Judicatory collectively

S.5. Number in a Judicatory
not more than one

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Identifier: | JB/042/138/001"JB/" can not be assigned to a declared number type with value 42.
Date_1	1826-12-12	Marginal Summary Numbering	11-22
Box	042	Main Headings	constitutional code
Folio number	138	Info in main headings field	constitutional code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public	[[notes_public::"relates to judges only: not to minister" [note in bentham's hand]]]	ID Number	13061
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