25 Oct r 1807

L d Eldon's Bill

'.8.

Senior Judge

(│ │) (The Judge presiding in, or in his absence the senior Judge of, the other division)

In '.2 when the phrase "shall sit at the head of each[?] division was under /among the/ consideration, inconveniences resulting from that rhetorical flourish put instead of shall preside, - its tendency to breed confusion and perplexity was observed. In the present section may be seen a proof. Had the word presiding been there employed, whatsoever were the divisions the absence of a Judge presiding in it was a case that could not here have been to be provided for, being a case that could never[?] happen. To the permanent President absence might happen: but if as often as it happened to the permanent President to be absent a temporary President was to be present, one of the other Judges taking on him /himself/ the character of presiding Judge: the case of the absence of a presiding Judge was a case which could never have place.

Thus stands the case if to preside in a division and to sit at the head of it /one/ are precisely the same function. Give to the clause in '.2 that construction, there can never be a case in which the presiding Judge can be absent, never be a case in which in the words of '.8. the Senior Judge of the other Division can be to be called in.

Give now to the clause of '.2. the other construction let presiding in the Division be one function, and sitting at the head of it another, in these terms and those above the clause in '.8 acquires a meaning. By the Judge presiding in the division is to be understood the permanent President, the President in titre, to whom it may happen to be absent /whose absence is one event capable of taking place/ without difficulty . He being absent, in[?] comes the clause in '.8. acquires a meaning and receives its execution and intended effect accordingly. The Senior Judge of this Division, obeys the call, and pays his visit to the other /gives to it from the other/: By /From/ this migration of the Senior Judge no interruption is given to the business of the Court that parts with him? Why no interruption? Because