1
results found in
54 ms
Page 1
of 1
8 June 1805
Evidence
Introd.
Ch. False Ends. Judge
'.3. Corruption. Cause
So much for supposition: but in point of fact how did the matter stand? The faculty of recovering fees was not introduced to the Judge: those fees were allowed to derive their birth, and did derive their birth from such and such accidents and occurrences: such and such operations the performance of which, on the part of the suitor and other persons, either was necessary or was said to be necessary to the enabling the judge to exercise his functions in a manner conformable to justice. It was left in the power of the Judge, commonly to determine the quantum of the fee receivable on each occasion, always to determine and encrease the length or number of the operations so to be performed, and thence of the occasions out of which such fees were to arise. The power of determining and consequently encreasing the length and number of those operations could with difficulty if at all even now, could not by any means in those ages of ignorance /imbecillity/ and barbarism, be refused to the Judge. But the power of increasing the length and number of those operations was in other words the power of making business: and the power of increasing the number and consequently the aggregate amount of fees keeping pace as above with the power of making business, making business became /was/ thus the same thing with making money.
Even in the present advanced period of society, in which /when/ the experience of fraud in every shape /all shapes/ has opened the eye of the public /public eye/ and kept it awake to fraud in every shape, even in the present advanced period of society, and in situations in which the hand of fraud derives no assistance from the arm of power, the consequences of such a conjunction /concentration/ of such a mode of payment, are almost as unavoidable as they are notorious. To whom is it now a secret to what a degree the employer lies at the mercy of the planners of any work, architect for example, civil engineer, and so forth who is paid by a percentage, on the quantum of the expenditure occasioned /called for/ by his work? How much more completely unavoidable must those same disastrous consequences have been so in those times/early days/ without /devoid of/ experience, without /devoid of/ discernment, devoid of information, devoid of means of communication and interchange of sentiments, what little intelligence and sagacity were to be found, being in a manner monopolized by the Judge, together with a few other expedients and assistants attached to him by a community of interests and affections?
Similar Items
-
Title: [15 June 1805 Evidence Introd]Description: 15 June 1805 Evidence Introd Ch. Procedure Technical ''. Ulterior means The technical system in this its essential points being introduced /established/, the next object of consideration (in explanation at least posterior though in truth and operation perhaps simultaneous /[...?]/) the next object in consideration at least is by what means /ulterior arrangements/ /subordinate principles and arrangements/ the advantage gained by it was to be made the most of. Direct and ultimate object, making fees: intermediate object, making business, viz: such business as by affording an occasion or pretence, shall be conducive to the making of fees. Let us have enumerate[?] some of the most extensive, fruitful, and in other respects most remarkable, resources /expedients/ which have been under the technical system having been productive of that advantage may naturally be concluded /inferred/ to have either been opened or kept open to that end /in contemplation of it/. Encreasing the number of the operations performed and of the instruments exhibited and of the other operations of all sorts performed on the occasion of each suit, encreasing the length of those several instruments and operations, encreasing the number of hands employed about him, all these results are so intimately connected with each other by astrological ties /in the bands of astrology/, each of being with relation to the two others, at the same time cause and effect, whatever arrangement is conducive to any one of them, is at the same time conducive to the others /is conducive to them all/.
-
Title: [13 June 1805 Evidence Introd]Description: 13 June 1805 Evidence Introd Ch. Procedure Technical ''.2. (Ends of the Technical) 3. Number of suits, quantum of profit from each operation and instrument, given as before; also number of operations and instruments together, the aggregate of profit will be as the length of each operation or instruments. Third object - increasing the length of each such operation and of each such instrument 4. As often as any additional hand can be introduced into the business, to whom any operation can be /is/ given to perform which without him would not have been performed, or instrument made which without him would not have been made, an addition is made to the aggregate of operations and instruments. Fourth object - increasing the number of different hands /hands/ having different employments, employed in the business of procedure. Thus far, to avoid complication and embarrassment, a supposition has all along, though tacitly made, viz: that of the whole number of suits, each /from/ which, number and length of operations given, profit will be extractable, and to the same amount. But as in every community there will always be a considerable number of individuals, from whom, they /[...?]/ enjoying throughout the whole course of their lives little more or no more than a bare subsistence, no profit at all or none that would be worth earning at the price of the necessary labour, could by possibility be extracted, hence, from the number of suits which it is the interest of the man of law to see or even to take place, must be excepted and struck out the whole number and proportion of these non-profit-yielding, these unprofitable suits. The interest of his fortune /His pecuniary interest/ calls upon him to secure up to a maximum the number of profit-yielding suits: the interest of his case calls upon him to carve down to a minimum the number of non-profit-yielding suits. Fifth object - diminishing the number of non-profit-yielding suits.
-
Title: [June 1805 Evidence Introd.]Description: June 1805 Evidence Introd. False Ends re Judge ''.3. corruption cause Keep this as it is, or re-write, setting out with the principles of renumeration and quoting the London Police Act as an application of them. ''.3. Corruption universal: cause, the mode in which the Judge was paid. /took payment./ We have been seeing how natural it was, (whether there were or were not an habitual exercise under some such name as that of legislative power one authority recognised as superior to that of the Judge, and as such more competent in the establishment of universally binding and settled rules /regulations/,) how natural it was (in what ever other department of the field of government the power of the legislator should have exercised itself,) that this narrow /confined/ department, the conduct of the business of judicial procedure should have been lodged or rather left to fall of itself into the hands of the Judge. We come now to see how natural, or rather necessary it was, that in the then existing state of society in other respects, this power should have been abused: abused to the utmost power of possible, not to say of considerable abuse: abused to the length of having given birth to these monstrous systems of iniquity and depredation /fraud and extraction/ which may be seen every where administered under the name of justice. The principle of corruption the cause of this abuse is extremely simple: it consists altogether in the mode in which, in the instance of the judicial office, reward was attached to labour, renumeration /recompense/ to service. Even in the present days of private & public opulence, much more in those days of poverty the quantity of pay left capable of being increased with the quantity of labour real or apparent and the quantity of such labour left capable of being increased to an indefinite amount at the will of the Judges. Of labour so applied, a quantity adequate to the demand could not have been had /be had/ without recompense /wages/: in those days of public indigence such recompense could not have been administered /attached itself/ to the service in the only form in which, without giving birth to the ensuing corruption it could have attached itself, viz: that of settled salary, pure of incidental /occasional/ emoluments, such as in English are called fees. It might indeed have attached itself to labour and without producing any such corruptive effect have been attached even in the shape of fees, had the number of incidents productive of such fees been so circumstanced, as not to have been incresable[?] by any end[?] worthy[?] /endeavour on the part/ of the Judge, or even though they had been so increasible[?] had not the pockets of the suitors been among the pockets out of which they were to come.
1
results found.
Page 1
of 1