Front Page Titles (by Subject) CHAPTER XX.: ELEEMOSYNARY ADVOCATES. - The Works of Jeremy Bentham, vol. 9 (Constitutional Code)
The Online Library of Liberty
A project of Liberty Fund, Inc.
Search this Title:
Also in the Library:
CHAPTER XX.: ELEEMOSYNARY ADVOCATES. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 9 (Constitutional Code) 
The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 9.
About Liberty Fund:
Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.
The text is in the public domain.
Fair use statement:
This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
Fields of Service.
Art. 1. The same as that of the Judge, is, in an Immediate Judicatory, the local field of service of the Eleemosynary Advocate, or say the Advocate of the Helpless.
Art. 2. So also his logical field of service.
Art. 3. By the Advocate of the Helpless, understand a functionary who, on the occasion of a suit, or on any other occasion on which a person is admitted to make application to a Judge, acts as assistant or substitute, as the case may require, to every person, who, on that occasion, having need of such aid, is not of himself able to procure it at the hands of a professional lawyer, or any other person possessed of sufficient appropriate aptitude.
Art. 4. It may be that, on each side of the suit, there exists a person having need of his assistance. In this case, he will locate two Deputes, one on the one side, the other on the other: or he himself may be on one. But, in any case, he will, in open judicatory, determine by lot on which side they shall respectively serve: saving to the Judge the power of determination, for reasons assigned.
Art. 5. Rights of the Eleemosynary Advocate. Exceptions excepted, in every suit he has a right to interpose on either side and offer his assistance.
Art. 6. An exception will be, if, the case being declared non-penal, and Government not a party,—the Judge, at the instance of all parties on both sides, shall think fit to inhibit such his interposition.
Art. 7. Obligations of the Eleemosynary Advocate. On every occasion, he is bound to afford his aid to every party, or other applicant, in relation to whom the Judge, at the request of such applicant, or of any other person on his behalf, or of his own motion, has declared himself satisfied, that such party or applicant is not of himself competent to make adequate provision for the support of his own cause, or able to procure adequate aid from any person competent and willing to aid him in the quality of substitute or assistant, professional or gratuitous.
Art. 8. On whichever side he be, if, consistently with sincerity, he cannot find anything to do, or say, in support of the interest of such his client, he will declare to that effect without scruple: of its sincerity, the declaration will have for Judges the several other actors on the Judicial theatre.
Relation to Judge.
Art. 1. The same as that of the Government Advocate, as per Ch. xviii. Section 2, is, in an Immediate Judicatory, the relation of the Eleemosynary Advocate to the Judge.
Art. 1. Directive function: In Ch. xvii. Judicial Inspectors, and Ch. xxiii. Professional Lawyers, mention will be seen made of the service, which, during the latter half of their probationary period, Professional Lawyers are empowered to afford to the relatively helpless. Under the direction of the Judge, to assign to the several persons willing and competent, the several suits, in relation to which this their service shall be performed, is among the functions and duties of the Eleemosynary Advocate.
Art. 2. The Probationers so employed, will be so many Deputes occasional, located, and at all times dislocable, by the Eleemosynary Advocate.
Art. 1. Correspondent to that of the Government Advocate, as per Ch. xviii. Section 7, is, in an Immediate Judicatory, the Money-requisitive Function of the Eleemosynary Advocate. It is coextensive with the whole of his logical field of service, as per Section 1.
Art. 2. Procedure, the same in this case as in that.
Art. 3. So, obligation, need of caution, and power of making requisition of retroactive reward.
Art. 1. Super-tutelary, or say Guardianship-inspective function. In the exercise of this function, the Eleemosynary Advocate keeps a watchful eye on the conduct, maintained by guardians of all sorts, on the occasion of suits of all sorts; and on observation made of a deficiency, on the part of a guardian, in respect of appropriate aptitude in any shape, on the occasion of any suit, or other judiciary application, he gives intimation thereof to the Judge, and demands at his hands all such apt judicial operations as may be necessary to obviate the apprehended detriment.
Art. 2. On all other occasions, in case of any such apprehended deficiency, to apply for relief to the Judicatory will belong to any well-disposed person, under whose observation it may have happened to fall: in which case, the applicant will be either the ward himself, or some friend of his, according to circumstances. But, on the occasion here in question, should any such deficiency take place, no person, were it not for this functionary, would in general be so situated as to be capable of making observation of it.
Art. 3. At the same time, this is the sort of occasion, on which, above all others it might be in the power of a guardian, by deficiency in appropriate intellectual or active aptitude, to occasion to the ward the greatest detriment, and by deficiency in appropriate moral aptitude, to himself the greatest sinister benefit: for, for example, by confederating with this or that other person, and demanding by a suit the whole property of the ward, he might, by means of a purposely weak defence, share with such person in the amount of it: or by needless addition, with or without confederacy with a Professional Law Assistant, derive to himself or others undue profit out of the expense.
Art. 4. True it is, that the Judge, should such mal-practice fall under his observation, would of course do what depended on him towards obviating it. But, symptoms which might escape the observation of the Judge, might be descried by a functionary, whose duty it were made in a more especial manner, to be on the watch for their appearance: and moreover, should the Judge have been the first to descry them, here is a functionary who, with undivided attention, might act as advocate of the party, while, in relation to this same business, the Judge would with undivided attention, continue acting in his peculiar and more appropriate character of Judge.
Art. 5. Correlative to the condition of Guardian, is that of Ward. Wards, or say persons in wardship, or under guardianship, are these which follow:—
1. Non-adults: persons not yet arrived at the age at which they are invested by law with the entire disposal of their persons and property.
2. Insanes: persons of unsound mind: persons who, on the ground of deficiency in intellectual or active aptitude, in respect of the conduct of their own actions, or in the management of their own property, have been placed under the authority of some guardian, in the same manner as a non-adult, under that of his Father, or other Guardian.
3. Prodigals, convict or suspected: persons, if any such there be, whose property, to preserve it from being further wasted, to the detriment of themselves and their family connexions, has been placed in sequestration, under appropriate Guardianship.
4. Married women, in so far as by law placed, in respect of their property, in the power of their husbands.
For other matters, see Ch. xii.