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1823. Feb. 27.
Greece. J.B's Observations etc
Judicial Procedure
Judicial Procedure
Sittings uninterrupted. No day in the year exempt. On what day is Justice less necessary than another? On what day is injury inactive? What relaxation has the medical man? But to the Judge moderate relaxation might be given by allowing the substitution of a Deputy for a limited number of days. As to Deputy, see below. Doors of the Judicatory constantly open to all visitants. Structure of it, specially adapted to the giving to the greatest number possible the best accommodation possible. Let such visitants be considered as a Committee of the public opinion tribunal appointed for the purpose of securing more or less responsibility on the part of the Judge: they may at the same time be considered as a Committee of the universal body of electors in whom resides the supreme power of the State - the constitutive. Let this be the spot in which the suitors waiting their turn to be heard in the several causes have their appointed station: power to all who choose to take notes and give publicity to them through the public Journals subject to compensation in case of injurious falsehood through negligence or rashness and moreover in case of mendacity to punishment. Whether in any and what cases a temporary concealment should be allowed is a consideration of subordinate importance and would require appropriate details.
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Title: [1823 Feb¼y¼. etc Greece J.B. to Legislators]Description: 1823 Feb¼y¼. etc Greece J.B. to Legislators Nothing of this matter sent in this form. Quere what parts of it employed in the matter sent to Greece 4 March 1823 through Blaquiere.
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Title: [1823 Feb. 28 Greece. J.B's Observations]Description: 1823 Feb. 28 Greece. J.B's Observations etc. Judiciary resumed As the only effectual preventive of delay, power to every Judge to appoint Deputies in any number, to sit at the same time with himself for the dispatch of business in different causes, but let no emolument be receivable by any such Deputy at the expence either of the public or of individuals. No doubt can be entertained of willingness on the part of a sufficient number of sufficiently apt individuals to undertake so honorable an office. The having served in such office might and should be made a necessary qualification, for the being placed in the office of Judge. The choice thus proposed to be made of a Deputy should be declared to the parties and objections received. The principal Judge should not be sitting at home unoccupied while any such Deputy of his was sitting for if such inaction were allowed two evils might follow, 1 to save his own reputation a partial Judge might assign the function in this or that particular case to some connexion of one of the parties who for the sake of the profit, from partiality, would be content to submit to the disrepute: 2 The office of principal Judge might moreover be converted into a sinecure. In case of sickness such power of deputation is matter of absolute necessity.
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Title: [1823. Feb y. 27. Greece. J.B's Observations]Description: 1823. Feb y. 27. Greece. J.B's Observations on particular Articles Judiciary For example, in the land branch of the Military Service, there will be certain classes of offences to which the power of the ordinary local Judicatories will not be found applicable; and so in the case of the Maritime branch of that same service. But it follows not that because, in these particular cases, it is necessary that offences belonging to these particular classes be withdrawn from the cognizance of the ordinary Judicatories, they should be so in any cases to which the necessity does not extend. The
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