1824. Nov r. 20 copied. 1825. Nov r. 30

Constitutional Code

Ch.XII. Judiciary Collectively

S.25. Attendance.

1.

As between day service and night service, division of time modified according to times of year.

2.

Distinction between casual service and appointed service.

3.

Causal service what.

4.

Appointed service, hour of commencement determined by judges special order.

5.

For casual service sitting at all times previous and subsequent to appointed service.

6.

During a portion of the year there may be no casual case in the time left for a casual service, but attendance on the part of judges no hardship.

7.

Two standards of reference for time to be allotted for judicial attendance.

8.

1. In whatever department the number of hours occupied in public service is the greatest, without prejudice to health — that number should be employed in the judicial service.

9.

2. So in whatever grade that number of hours is the greatest, the same number sh d. be employed in the highest grade.

10.

To any difference, more time should be employed in the highest than in the lowest grades.

11.

Anglice — apparetn Martyrdom of highest judges in their zeal for discharge of their public duties — Illusion of these appearances.

12.

Flagrant scantiness of individual judicatories.

13.

Of such judges, enormous salaries and continuance in office notwithstanding intellectual aptitude.

14.

Insufficiency of time bestowed by Chancellor.

15.

By nothing but local experience can any adequate indication be given of the sufficiency of the number of judicatories.

16.

Oppression and injustice resulting from this scantiness of judicatories under existing system.
Similar Items
  • Title: [1823. Oct r. 12. 1825 Nov. 21 Dec. 1. + Copied]
    Description: 1823. Oct r. 12. 1825 Nov. 21 Dec. 1. + Copied

    Constitutional Code. 1. Enactive Part.

    Ch. XII. Judiciary Collectivity

    Copy corrected §. 25 Attendance

    1. who. §. 5. Attendance ordinary.

    Art. 1. When sleeps Injustice, so may Justice too. In an Immediate Judicatory, the Judgment seat is never empty: on no day of the year: on no hour of

    Art. 2. Attendance on Judicial duty is on ordinary, or on extraordinary duty: extraordinary is either night duty or out duty. Ordinary duty is that which is performed on the judgment seat in the day time.

    Art 7. Excepted days excepted, Enactive For the Judge principal, Days of attendance; on all the days in the year: the excepted days are stiled relaxation days: with the exception of 52. days in the number of them is 52, equal to that of the days of general rest: with the addition of [26] other days, at his choice.

    Enactive Art. 8. Thus in the case of a Judge Immediate: so in the case of a Judge Appellate.

    Enactive Art. 9. Hours [8] on an average.

    Enactive Art. 10. Thus in the case of a Judge Immediate: so in the case of a Judge Appellate.

    Art. 11. Where, to avoid breaking the thread of evidence or argumentation the Judge principal sits over time on one day, he may sit so much the less, on any day or days of the next [six] days.

    Enactive Art. 12. 12. But on no day or hour may he be absent from duty , unless some Depute, permanent or occasional, be present: when a successor appears and takes the seat, then and not before, he who occupies it, quits it. Art. 13.
  • Title: [1823. Oct r.. 8. + +++ Constitutional]
    Description: 1823. Oct r.. 8. + +++

    Constitutional Code 2. Enactive Part

    Ch XI Judiciary collectively §. 20. Judges Attendance on ordinary duty

    q Used for Ch XII. §. 25.

    §.20. Judges Attendance on ordinary duty. Yes: word for word R.D.

    # Transfer in Judges?

    1 Art.1. When ships , so may Justices too In an Immediate Judicatory never empty the judgment seat. no day, no hour

    Art. 1. When ships , so may Justice too. do

    In an Immediate Judicatory the judgment seat is never empty:

    on no day of the year. on no hour of the day

    2 Art. 2. Judicial service is ordinary or extraordinary: extraordinary night or out service. Ordinary is on the judgment seat in the day time

    Art. 2. [Attendance a] judicial duty service is on

    ordinary or on extraordinary duty service: extraordinary is either

    night duty service or out-duty service. Ordinary duty is service is duty that which is

    , in the day time. performed on the judgment seat in the day time in the time not

    commonly in sleep

    3 Art. 3. Days of service for Judge in person all days but the 52 of rest with [26] others at his choice

    Art. 3. By the Registrar more Attendance Registers

    Art. 3. Days of attendance, for the Judge ,

    in person all the days in the year: with the exception of the 52

    days equal in number of of to the days of general rest: and [26] other days at his choice

    4 Art. 4. Hours, on an average [8]

    Art. 4. Hours, in each attendance day, [8]

    on an average.

    5 Art. 5. Sitting, to avoid breaking the thread of evidence, over-time one day, he may deduct so much time from any of the next [6] days.

    Art. 5. When, to avoid breaking the thread of evidence

    he sits over time on one day, he may sit so much

    the less, on any day or days of the next [6] days.

    6 Art. 6. But on no day or hour he quits his seat until some Depute permanent or occasional be present: not before successor appears does occupant quit it

    Art. 6. But, on no day or hour, ought he to be

    absent from duty, service unless some Depute, permanent or occasional,

    be present: when a successor appears and takes the seat,

    then and not before, he who occupies it quits it.
  • Title: [1824. March 14 Constitutional Code]
    Description: 1824. March 14

    Constitutional Code.

    Ch. XV. Quasi Jury

    S.1. Field of Service

    Art. 7 The Judge has power to perform a recapitulatory

    examination, of his own notion for the satisfaction of the public

    is of his own conscience: he is bound to do so,

    in petition made by a party in either side.

    Art. 8. When it is of his own notion

    he pronounces

    no definitive decree till after it has been performed: when

    on petition,

    decrees, such as, but for

    such petition will be definitive - say eventually definitive decrees are pronounced by him, and

    to these decrees the petition being

    infirm :

    Art. 9 When, on petition

    , it is in this

    will. The Judges eventually definitive decree having been

    pronounced, he addresses himself to the parties thus Is it

    the desire of any one of you that there should be a

    recapitulation examination? If, by any one use

    ever be given in

    the affirmation, a day and hour for the purpose is

    appointed by him, after hearing about which they respectively

    have to say as to the time.

    Art. 10 In case of necessity, the di recapitulory

    examination is carried on through any number of sittings.

    But, unless for obviating some casual and pressing inconvenience,

    no adjournment from one sitting to another has place, un

    till this regularly employable quantity of time

    has been

    exhausted, th without the suits being open for

    for the definitive decrees.