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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.
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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.
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