The Online Library of Liberty

A project of Liberty Fund, Inc.

• Book I.
• Preface.
• Introduction.
• Chapter I.: General Division of the Aggregate Body of the Law.
• Chapter II.: Constitutional Law.
• Chapter III.: Civil Or Distributive Law. *
• Chapter IV.: Penal Law.
• Chapter V.: Procedure Law. †
• Chapter VI.: Financial Law.
• Chapter VII.: Prescriptions Or Bearings of the Other Codes Or Branches of Law, to the Constitutional Code.
• Chapter VIII.: Public-opinion Tribunal.
• Chapter IX.: Good Rule and Bad Rule.
• Chapter X.: Corruption.
• Chapter XI.: Delusion.
• Chapter XII.: Fiction.
• Chapter XIII.: Factitious Honour.
• Chapter XIV.: Established Religion—none.
• Chapter XV.: Supreme Constitutive.
• Chapter XVI.: Supreme Legislative.
• Chapter XVII.: Supreme Operative.
• Book II.
• Preface to the Original Edition of Book II.
• Chapter I.: Territory of This State, Name, Situation, Boundaries, Divisions.
• Chapter II.: Ends and Means.
• Chapter III.: Sovereignty, In Whom. *
• Chapter IV.: Authorities.
• Chapter V.: Constitutive Authority. *
• Chapter VI.: Legislature.
• Chapter VII.: Legislator’s Inaugural Declaration. *
• Chapter VIII.: Prime Minister.
• Chapter IX.: Ministers Collectively.
• Chapter X.: Defensive Force.
• Chapter XI.: Ministers Severally.
• Chapter XII.
• Chapter XIII.
• Chapter XV.
• Chapter XVI.: Quasi-jury.
• Chapter XVII.
• Chapter XVIII.
• Chapter XIX.: Government Advocate General.
• Chapter XX.: Eleemosynary Advocates.
• Chapter XXI.
• Chapter XXII.
• Chapter XXIII.
• Chapter XXIV.
• Chapter XXV.
• Chapter XXVI. *
• Chapter XXVII.
• Chapter XXVIII.
• Chapter XXIX.
• Chapter XXX.
• Chapter XXXI.
• Appendix.
• No. I.
• No. II.
• No. III.
• No. IV.
• No. V.
• No. VI.
• No. VII.
• No. VIII.

CHAPTER XVII.

Judicial Inspectors.

Section I.

Who and Wherefore.

Expositive.

Art. 1. By Judicial Inspectors understand all persons whatsoever, who, not appearing, unless by accident, in any other character among the actors on the Judicial theatre, as per Ch. xii. Judiciary collectively, Section 2, are present, while judicial business in any shape is carrying on: of them is constituted the Committee of the Public-Opinion Tribunal, sitting in the Judicatory: say the Judiciary Inspection Committee. See Ch. xii. Judiciary collectively, Section 3, Judiciary Functionaries.

Instructional. Ratiocinative.

Art. 2. For their own instruction, as well as for a check to inaptitude in all shapes on the part of judicial functionaries of all classes, to maximize the number of these occasional and unpaid functionaries is among the objects of this Code.

Enactive. Ratiocinative.

Art. 3. In this view it is, that in the Justice Chamber it provides for them an appropriate situation, under the name of the Inspectors or Inspection Gallery, with the intent that, in that situation, for the commodious exercise of this their office, the necessary and effectual means may at all times have place.

Instructional.

Art. 4. At Out-door sittings, it will be the care of the Judge to make for their accommodation the best provision which the nature of the place, and the occasion, will admit.

Instructional.

Art. 5. So, even at Night sittings, in so far as may be without disturbance, and without prejudice to security.

Expositive. Instructional.

Art. 6. Of the description of persons, whose service in this situation for the advancement of justice is desired and expected, examples are as follows:—

1. Probationary Law Practitioners, serving in the Inspector’s Gallery, for the purpose of entitling themselves to admission on the list of Professional Lawyers, as per Ch. xxiii. Section 4.

2. Parties litigant, in other suits, waiting their turn for audience.

3. Persons in attendance as witnesses, in expectation of being heard in any such other suits.

4. Persons in attendance as proposed witnesses or other evidence holders, waiting to be heard in the suit which is on the carpet: those excepted, who, for prevention of concert in falsehood, have been ordered to withdraw.

5. Persons brought by curiosity. Of these, the number will naturally be, as it is desirable it should be, proportioned to the importance, real or apparent, of the business in hand: its importance, whether with reference to the interest of the public, or of individuals specially interested.

6. Non-adults; attending, whether spontaneously, or by direction of parents or guardians, in this theatre and school of justice.

7. Persons brought by request of parties, or by interest taken in their fate.

Enactive. Instructional.

Art. 7. For every hearing by appointment, admission tickets for the Inspector’s Gallery, the Registrar will, on application, deliver to litigants: the same number to litigants on one side, as to those on the other; to wit, for the purpose of their locating, in the most commodious places, their respective friends, but under the precautions necessary to prevent annoyance.

Enactive. Instructional. Ratiocinative.

Art. 8. What, on this occasion, is desirable is, that no litigant should be without some one friend at least, watching over his interest, and able upon occasion to make report; but, forasmuch as, in certain cases, it may happen, that on one side of the suit, or on each, the number of parties is so great, that, if each were to locate a friend, visiters of other classes might stand excluded, and in particular, those of the Probationary Professional Lawyer class, the Judge may, at his discretion, limit the number thus admitted, so as it be the same on each side: and, if the number of litigants claiming tickets be greater than the maximum number so appointed, the Registrar will determine by lot to which of them tickets shall be delivered.

Section II.

Functions.

Enactive.

Art. 1. To Judicial Inspectors belongs of right the auditive function, as in the case of Quasi-Jurors.

Enactive. Instructional.

Art. 2. So, though at the discretion of the Judge, the inspective, the interrogative, and the commentative; and, to the exercise of these functions by these same functionaries, in so far as may be without obstruction to the business, he will rather give encouragement than hinderance.

Enactive.

Art. 3. To them belongs not the Opinative function, nor the Appeal warranting; and in these may be seen the principal differences between their functions and those of the Quasi-Jury.