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1825. Decr 12
Constitutional Code
Ch. XII
S.5. Number
S.5. Anglici
VII..4
23 An
Art. Bad for rectifying honest errors,
no other imaginable
Judicatory can be so
unfit.
1. Members the vast
majority ignorant of
the Law, destitute of
appropriate knowledge.
2. Destitute of judicial
aptitude by indolence
and carelessness, the
necessary concomitant
of preeminent opulence.
3. Thence also destitute
of appropriate active
aptitude.
4. By extensiveness
of private connection
preeminently exposed
to corrupt partiality.
VII.5
24.
Art 24. Obligation of
attendance none:
those alone attend who
are brought thither
by the influence of
some particular and
sinister interest.
VII.7
25.
Art 25. Instead of being
confined to the
alone extraordinary
case, there is not a
case or in
non-penal matter that
may not be brought
before it, if the party
who loses in the next
subordinate Judicatory
has ability and
will to bear the
expense.
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S.5 Number
S.5. Anglici
VII.8
26.
Art. 26. To crown the
absurdity, the Chancellor
has the direction of this
Judicatory of which the
chief occupation is the
sitting in judgement
on his decisions: a
complete mockery of
justice.
VII.9
27.
Art 27. For proof of the
utter unprincipledness
and inconsistency as
to this point, and consequent
inaptitude of
the practice, any further
detail is needless: and
the excessive complicatedness
of the machinery
renders it impracticable.
VII 10
28. West in COnts
Art 28. Think of four
Judges in the King's Bench
taking cognizance of a
hodge-podge mixture of civil and
penal suits: for a Common
Pleas, of a scrap
of a hodge podge of Civil
suits. Exchequer, of
another scrap of another
hodge podge mixture.
VIII.11
29.
Art 29. For the most lengthy
penal suits, a single
Judge, with a Jury sufficient
every where but in
the Metropolis: necessary
there, a Judicatory, composed,
in addition to the
Jury, of a mixture of
Lawyer Judges, and of Non-
Lawyer JUdges, both in
variable members, attendance
of or non-attendance
governed in
all but one by individual
convenience as in the House of Lords.
---page break---
Ch.XII
S.5
S.5 Anglici
VII.11
30 Just Peace londs
Art 31. Think then of
the Justice of Peace
Indicatories. Number
of seats in some cases
one, in otherstwo, or
a greater number, as
it may happen, as in
the Petty Sessions: this then
partly for immediate cognizance,
partly for appeal
- in Quarter Sessions
an unlimited number:
in all the Judicatories,
the Judges acting
under the corruption
produced by other parties
powers, incompatible
with the Judicial
Code. and by sinster
interest, of all sorts,
which the power enables
them to promote
The eye loses itself
in the labyrinth
by this chaos.
VIII.1 31.
Art. 31. Unavoidable
entangled with the
matter of the Procedure
Code is the discussion
on an this point: further
it can not has
been brought to view.
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Ch.XII Judiciary Collectively
S>5. Number in a Judicatory not now than on
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[[notes_public::"relates to judges only: not to minister" [note in bentham's hand]]] |
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