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Jan y 1807
Facienda
V. Abolition of fees
5. Substitution of Salaries to fees
5. Conversion of fees into Salaries
5. Abolition of fees or conversion of them into Salaries
Shall /put[?]/ the mischief of payment in judicature? then go on thus
If my conception of the matter my Lord be just, the rules of [...?] policy on this subject lie within a narrow compass -
Particular abuse apart were in not for the abuse which in most cases is so apt to grow out of them, remuneration a given quantity of the matter of reward would be applied /administered/ to most /more/ advantage in the shape of fees than in the shape of salary.
Why? 1. Because in the shape of fees, you may so connect reward with service, as that some how or other unless the service be performed the reward shall not be received. Whereas when it is administered in the shape of salary the reward is paid whether the service be performed or not performed.
2. In so far as the goodness of the service of the work in the doing of which the service consists depends upon alacrity, upon the pleasure with which the performance of the work is or is not accomplished fees have a manifest advantage over salary. Reward, does it not sweeten labour? - Yes: but not unless they are served up in the same dish.
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Title: [15 Jan y 1807 Facienda V. Abolition]Description: 15 Jan y 1807 Facienda V. Abolition of fees By reward, by hope the spirits are exhilarated /exalted/, the current of ideas quickened, powers of mind as well as body invigorated. By punishment, by fear spirits are deadened /depressed/, current of ideas slackened, powers enfeebled. Note that though the matter of salary be the matter of reward, yet strictly /properly/ speaking it is not by the force of reward, but by the force of punishment that in the case of salary without fees, the functionary is attached to his duty. The service that salary attaches to in the shape of reward, is not any special service rendered by the functionary in the exercise of his function, but the more general service, performed once for all - the service that consists in taking /charging/ upon him the obligation of rendering the particular service in which the exercise of his function consists /by the rendering of which the functions /several/ are exercised/. The motive by which the functionary is attached to his functions is of the nature of punishment: fear of discomfort /[...?]/ in whatsoever lesser or greater penalty may be apprehended to be attached in each particular instance to the non-exercise or improper exercise of the function in question - to the violation of the obligations attached to the office.
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Title: [15 Jan y 1807 Facienda V. Abolition]Description: 15 Jan y 1807 Facienda V. Abolition of fees I venture /thus far/ to trouble your Lordship thus far, that it may /it may be seen/ your Lordship may see it is no hastily copied /adopted/ conception no fanatical conceit that is the cause /ground/ of the importance I attach to the utter abolition of fees in every office that has any thing to do with the administration of justice. The true and only case, but it is a very extensive one in which salary is preferable to fees, and to such a degree that receipt of fees ought not to be permitted, is - where under the spur of the interest created by the fee it is in the power of the functionary /officer/ to add to the quantity of business done /appearing to be done/ in the execution of the functions /duties/ attached to the office. But in this case stands almost every office that has any thing to do with the administration of justice. Exception there seems no other than what has place in /is created by/ the business of arrestation. If the officer is paid alike whether the arrest be performed or no, the business being in its own nature attended with hazard as well as uneasiness of various kinds, he will /would/ neither execute it where /were/ a plausible pretence for the non-execution of it could be found.
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Title: [Outer wrapper enclosing 093-001 to 093-250]Description: Outer wrapper enclosing 093-001 to 093-250 Scotch Reform to L d Gr. III. Facienda. Wrapper enclosing 093-018 to 093-059 Scotch Reform III Facienda Letter (From Letter IV: Juries) after Outline - Superiority of Natural over Technical. Wrapper enclosing 093-060 to 093-067 I. Resolutions II. Omissa III. Facienda. I. (after Outline.) Degrees of Jurisdiction quot proper? Wrapper enclosing 093-068 to 093-078 III Facienda I (after Outline.) 2 Juries - why on appeal only. Wrapper enclosing 093-079 to 093-089 III Facienda after Outline 3 lawyers - their fondness for Jury Trial - its cause. Wrapper enclosing 093-090 to 093-095 III Facienda I. (after Outline) 3. o Jury Trial its uses in civili. Discarded from Appeal - theory concerning [...?] where to be inserted Wrapper enclosing 093-096 to 093-118 III Facienda I (after Outline) 4. Appeal theory concerning it. Discarded from Appeal - theory concerning [...?] where to be inserted Wrapper enclosing 093-119 to 093-132 III Facienda I (after Outline) 5. Techn. Procedure - its unfitness - artifices for masking it Wrapper enclosing 093-133 to 093-135 Scotch Reform. III Facienda II. Registration. Wrapper enclosing 093-136 to 093-149 III Facienda III Codification Wrapper enclosing 093-200 to 093-214 III Facienda IV. Inquiries into Fees &c. (Note in folder: 'Sheet numeration jumps from 149 to 200 - probably a misreading of 149 as 199') Wrapper enclosing 093-215 to 093-222 III Facienda V. Conversion of Fees into Salaries. V. Substitution of Salaries to Fees. Wrapper enclosing 093-223 to 093-231 III Facienda VI. Inspector-Generals Office. Wrapper enclosing 093-232 to 093-243 Scotch Reform | | To L d G. Facienda II. Registration. Wrapper enclosing 093-244 to 093-250 III Facienda Conclusion. Outer wrapper enclosing 093-251 to 093-343 1807 Scotch Reform Letter VI. Wrapper enclosing 093-251 to 093-301 Scotch Authorities Support J.B. propositions.
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