JB_106_384.xml

Title: [Duplicate from fo 43 1823 Feby 28]

Description: Duplicate from fo 43

1823 Feby 28

To exclude partiality and all suspicion of it, it should be a declared object of endeavour to keep the Judge clear of all local connection in the way of interest or sympathy, hence it should be a general rule that no Judge should continue such in any one district for any long time, say for more 3 years, not be appointed Judge in any district in which he already has connexions of a certain description, to be specified, and his being known or suspected to have subsequently formed any such connexions, may be stated as unwarrantable ground for a preposition for his displacement as above, but no such connexion should be stated as a necessary efficient cause for his displacement and provision might be made by means of which, in pursuance of a desire not much short of universal, expressed by his justiciables, his continuance in that district might be prolonged.

As to the compostion of the Jury, the exclusion of two evils viz partiality to the prejudice of the party in the right, vexation by attendance, to the injury of the Jurors themselves will be the leading ends in view. To secure a majority, the number should in every case be add: less therefore than three it can not be. The greater the number more than 3, the more extended the vexation. For securing impartiality and thus far appropriate moral aptitude, not indeed to a certainty, that being impossible, but the best possible chance in favour of it, appointment by lot (provided the numbers of those included in the Lottery be sufficiently ample and indiscriminately taken), will suffice: for augmenting the chance of appropriate intellectual apititude viz knowledge and judgement, the following course may be taken - the whole number of individuals in the district liable to serve as Jurors divide into 2 classes viz the more erudite and the less erudite: for a Jury of three, take one from the more erudite class; to the influence of understanding on understanding, where moral inaptitude is not suspected, trust for his opinions being taken as a guide his less erudite colleagues

The class of persons in which it is desireable that Judges be chosen, is that of Judge-deputes, as above - viz such by which in the discharge of that function, the highest degree of appropriate aptitude, in its several branches has been manifested: the class of persons in which it is desirable that Judges should not be chosen

is

JB_106_366.xml

Title: [1823. Feb y. 27. Greece. J.B's Observations]

Description: 1823. Feb y. 27.

Greece. J.B's Observations on particular Articles.

Judiciary

In each Judicatory, efficient cause of location, the choice made, and will declared, by the Minister of Justice. Efficient cause of dislocation, votes to that effect by the majority of the Electors appertaining to the Judicial district or sub-district as above, as the case may be. This, without cause necessarily assigned. The Electors being on each day after giving their votes on the occasion of the election of a Representative in the Legislative Assembly, called upon to give their votes for or against the existing Judge, but not in favour of any other person in the character of a Candidate for that same situation. In case of a majority for displacement, obligation on the Minister of Justice to place another individual in that same Judicatory, but with power to place in any other Judicatory the so displaced Judge. On the part of the Electors, No specific assigned cause for such displacement need be made necessary, but in the nature of the case no proposition to that effect could ever be made with any prospect of success without assigned causes in abundance. Power to the Minister of Justice to propose to any Judge at any time, and accept his resignation, and upon refusal or silence to displace him, assigning or not assigning a specificcause or causes. Power to the so displaced Judge to stand forth in public for the vindication of his character, and to contest the existence or the sufficiency, or both, of any causes so assigned. On this head some provisions of detail would be found requisite.

Reasons why the power of location should, in regard to all these Judicatories, be in the hand of a single person, the Minister of Justice: 1. the object of the judicial system taken in the aggregate being to give and secure execution and effect to the whole body of the Law all over the territory of the state taken in the aggregate, one main business of the Minister of Justice will be, according to the measure of his ability, to secure consistency and symmetry in the plan and mode according to which such execution and effect is given or professed to be given in every such field of Jurisdiction throughout the state.

The

JB_041_111_001.xml

Title: [1823. Sept.3 Constitutional Code]

Description: 1823. Sept.3

Constitutional Code

IV. Features, supposed apt, which not being found in the Jury

System are here, in the Quasi-Jury systems introduced.

So far as they have correspondent and opposite features in

the Jury system then have

been already mentioned

1. Division of the every Quasi Jury into two sections: 1 the

more erudite: 2. the more popular: the more erudite: the more

popular the more numerous, than in case of disagreement the

will of the those who belong to more numerous section may preponderate over the

will of those who belong to the less numerous

section. the more those who belong to erudite section introduced that by the

influence of understanding over understanding, then

who may be supposed positive to result in intellectual aptitude.

in whose intellectual aptitude may be refracted very guide

than who in whose instance appropriate moral aptitude

is most more probable, in so far as they think as proper to

be so guided

2 Allowing Allotting to the Jury Quasi Jury by law in express terms,

and thence with more comparativeness and more constant -surer effect the several functions herein

designated by the a several adjuncts auditors, sub tive,

and consonant, and with more comparative effect than has

place in the case of a the Jury.

3. Stating in express terms the notion of the explanations

expected at the hands of the Judge for the use of the

Quasi Jury as also for the use of the others herein-after members

of the Public Opinion Tribunal.

4. Ordaining the registration of the discourses of the Quasi

Jurymen as well as those of the Judge is for the purpose of subjecting

to responsibility these to the Judge in case of una discourse on this

past: and the Judge himself in case of disregard shown to

this discourse when its loth to regard shall appear unimpeachable.

5. Admission In to the requests secured, to any alterations amendment proposed by the

Quasi Jury or any member of it to the terms of the decision

debarred by the Judge: yet to us the Judge shall remain

at liberty to pay what regard to it he thinks proper: remaining thus

with his responsibility undiminished: the amendment

going after of common to the Judge Appelation for his adoption rejection, or modification.