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CHAPTER XXV. - 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.
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For giving effect to the will of Government in all its several main branches—legislative, administrative, judicial, sublegislative, not forgetting the constitutive authority, which, as per Ch. iv., is superordinate to the Government itself—one set of functionaries remains still wanting: functionaries who, with reference to every distinguishable species of political action, shall at all times be as near as possible to the spot. Functionaries of this description are those who, under the name of Local Headmen, are here instituted.
To these functionaries the name of Headmen is given, because, with the exception of such functionaries, superordinate to them in the scale of office, as may happen to have their residence, permanent or transient, within their territories, they are in such their territories superior in authority to all other persons: and as such, have, for certain purposes specified, the command over them: local is the limitative adjunct added, because, though in the logical field their authority is individually more extensive than that of any other single functionary, except the Prime Minister; in the geographical field it is narrower than that of any of their superordinates. In this part of its extent it is indeed a minimum.
This considered, unless the number of these situations is so great that the complication produced by it were productive of an inconvenience worth taking into the account, the only limit which can apply to the number of these seats of authority, will be that which is set by the expense. Suppose the expense out of the question, it would be difficult to say at what mark the number of them could be too great. There will be persons and things needing the occasional exercise of the powers of Government in all places, in considerable numbers: functionaries belonging to the several departments and subdepartments, at any rate, comparatively few: and, not to speak of complication, so the business be but equally well done, the fewer the better. But the fewer, the more distant will be their stations from those spots, whichever they be, from which they are at the greatest distance. Thereupon comes this inconvenience. The greater the distance between the functionary and the spot which, in each instance, is within the local field of his operations, the heavier the burthen of delay and expense by which they will be impeded. At the same time, supposing every diminution effected of the local field of each, which the good of the service can require, and thence every augmentation of the number,—one consideration there is, which may suffice to prevent the number requisite from being so inordinate as at first sight might be apprehended. This is, that the greater the number of the situations, the less will be the quantity of the business requisite to be assigned to each: the less the quantity belonging to each department and subdepartment: and thence the greater the number of the departments and subdepartments of the business of which a share may, without overloading, be allotted to this office.
Of the several sorts of business which, on this occasion, presented themselves as capable of being, without preponderant inconvenience, allotted to the sort of functionary thus denominated, the legislator will now see before him the list. The points which seemed to call for the exercise of his judgment were, in the first place, whether there were any which it was not matter of necessity to consign to somebody; in the next place, whether, in any one of the situations hereinafter brought to view, there was a functionary to whom, with greater prospect of aptitude and convenience, the several functions in question could, in the spots in question, have respectively been intrusted.
In the French system, the sort of functionary whose logical field of authority is most diversified, and at the same time his local field narrowest, is styled Maire: Maire from the Latin Major, whence also the English Mayor. But if, to a functionary to whom are confided the functions that will presently be seen, a name were given, to which a set of ideas, comparatively so narrow, stands associated, a continually recurring train of misconceptions would be the result. As to the English system, no functionary under this name does it present in any spot within the territory, except here and there one, among those which several centuries ago, were covered with buildings. But if, for purposes such as those in question, for a comparatively small aggregate of spots which are covered with buildings, a constantly resident functionary is necessary, still greater will be the need of him in the other inhabited portions of the territory: say, in a word, everywhere else.
For, where the population is dense, much less difficulty and delay will the ordinances of the superordinate functionaries, in the several departments and subdepartments, be exposed to, in respect of execution, than when it is thin: in a word, the facility will be as the density; the difficulty as the thinness.
Moreover, to the office of the functionary called Mayor, there are in the English chaos about as many different sets of functions attached as there are towns in which a functionary of this denomination is to be found. There are—that is to say, if marked out and fixed by really existing law, there would be. But, almost universally, this part of the field of legislation has no other covering than what is composed of a groundwork of imaginary, with here and there, perhaps, a patch of real, that is to say, statute law: this portion of the field, along with others, to so vast an extent, being left in the state of debateable land, for the benefit of corruptionists, in the shape of boroughmongers and lawyers.
Under the English dream of a Constitution—under the English actual form of Government—in this, as in every other part of the field of legislation, the duration of the reign of chaos is destined to be maximized: the duration of chaos, and to that end, the darkness of the den of Cacus.
As to the several ends of Government—that which, in the situation here delineated, they have been thought to require, may be seen in the list of the functions which here follows.
Fields of Service.
Art. 1. By a Local Headman, understand a functionary, who,—in each one of the smallest portions of territory, called Bis-subdistricts, or Tris-subdistricts, into which, by any all-embracing process of division and subdivision the territory of the state is divided,—is, of all public functionaries, whose authority is confined within the limit of that same portion of territory, the head.
Art. 2. Of the authority of each Local Headman, the local field is accordingly the Bis-subdistrict, or Tris-subdistrict, for, and in which he serves.
Art. 3. Of the authority of each Local Headman, the logical field will have been marked out by the several functions allotted to him by competent authority: that is to say, by the Legislature; or, subject to its authority, by the Sublegislature, within the territory—or say local field of which his local field of service is situated.
Art. 4. Of the authority of this office, the eventual logical field is coextensive with the whole field of legislation. In the aggregate body of these offices, the Legislature possesses a set of subordinate functionaries, to any of whom, as occasion calls, may be committed to be performed, within their several bis-subdistricts, any function, the exercise of which could not, by reason of local distance from the seat of authority, be so aptly performed by their respective superordinates—namely, the functionaries presiding over the several departments and subdepartments of the Administration.
Art. 5. Of this ultimate link in the chain of territorial division, the object is to minimize the inconvenience resulting from the length and difficulty of the course which the individual may have to take, ere he can reach the functionary, and the functionary ere he can reach the persons or the things on which he has to operate. The degree of facility as to means of communication being given, this inconvenience will be inversely as the multitude of these portions of territory,—their inequality as compared with one another,—the nearness of their approach to the figure of a square,—and the nearness of the abode of the functionary to the centre of the square.
Art. 1. To a Local Headman, as to a Minister, belongs the Self-suppletive function, together with the obligation of keeping it in exercise.
Art. 2. Accordingly, for the carrying on the business without interruption, immediately on being located, the Principal provides a written instrument whereby some person, at his choice, is constituted his Depute permanent. The instrument marked with the year, month, and day of the month, is signed by the Principal, and in token of assent by the Depute.
Art. 3. Exemplars, 10: to wit—
1. Kept in the Register office of the Headman’s territory, one.
2. Kept by the Locator, one.
3. Kept by the Locatee, one.
4. Transmitted to the office of the Prime Minister, one.
5. Transmitted to the office of the Army Minister, one.
6. Transmitted to the office of the Navy Minister, one.
7. Transmitted to the office of the Preventive Service Minister, one.
8. Transmitted to the office of the Indigence Relief Minister, one.
9. Transmitted to the office of the Foreign Relation Minister, one.
10. Transmitted to the office of the Immediate Judicatory Registrar, one.
Art. 4. For the cases in which, to provide for a sudden emergency, instruments whereby Local Headmen Deputes occasional are located, may, in unlimited number, be valid without their signature, see Ch. ix. Ministers collectively: Section 6, Self-suppletive function.
Art. 5. For damage produced to the service for want of the due exercise of this fanction, the functionary is punitionally, as well as satisfactionally and dislocationally responsible. By acceptance of the situation, he contracts for the apt and sufficient performance of the duties attached to it.
Art. 6. Locable in the situation of Local Headman’s Depute permanent, are all those, and those only, who are so, in that of Local Headman principal, as per Section 25, Locable who.
Art. 7. Dislocable at any time is the Local Headman Depute by the Principal, as likewise by any of the authorities, by which the Principal is dislocable.
Art. 1. In the exercise of this function, at the call of the Prime Minister, or of any one of the Ministers, or of the Judge of any Immediate Judicatory, the Local Headman does within his territory what depends on him, towards giving execution and effect to all ordinances, mandates, or orders, in relation to which, in conformity to the will of the Legislature, it may happen to them to regard the business of their respective departments and subdepartments, as standing in need of such his assistance: and this whether for the purpose of securing execution and effect, or for the purpose of minimizing the amount of delay, vexation, and expense.
Art. 1. In the exercise of this function, at all meetings of the inhabitants of his territory, held for the exercise of any public function,—the Local Headman takes the chair of course; and, subject to the authority of the majority present, conducts the proceedings.
Art. 2. But to no such meeting is his presence, either in person or by deputy, in such sort essential, as to render invalid any proceedings at which a majority of the persons entitled to vote are present. They are free, if they think fit, to elect any other person President.
Art. 1. In the exercise of this function, the Local Headman convokes the inhabitants of his territory, as occasion calls, to meet together for public purposes.
Art. 2. What number of persons, joining in a requisition for this purpose, shall, on each occasion, be sufficient to authorize the exercise of this function,—and what number sufficient to render it obligatory,—are points of local and temporary consideration, which, under the direction of the Legislature, will be settled by the Sublegislature of the district in which the Local Headman’s territory is comprised.
Stipendiary Army-controlling Function.
Art. 1. In the exercise of this function, he takes cognizance of the exercise given to all such powers, to which (under Ch. x. Defensive Force, Section 12, Powers of Military as to Non-military) it happens to be exercised by any stipendiary Army functionary, on the ground of military necessity.
Art. 2. For this purpose, subject to the control of the Immediate Judicatory, he has, on every occasion, under his command, the whole of the Radical Military Force stationed within his territory; Land Service and Water Service (if any) included.
Art. 3. In Ch. x. Defensive Force, Section 12, the principle has been advanced, stating the inaptitude of all inflexible prohibitive bars to the abuse of military power, and the consequent necessity of making the most, of such bars as it is of the nature of the Public-Opinion Tribunal to oppose, to wit, by maximizing and perpetuating the notoriety of whatsoever exercise is given to the Stipendiary Force, on the ground of necessity.
In the political situation here established, may be seen the particular means of execution employable for giving application and effect to this principle. In every bis-subdistrict, the military functionary will find a non-military functionary capable of taking, and under the obligation of taking, cognizance of the exercise given to the extraordinary military power: and this non-military functionary established in the command of such a force—the Radical force of the Bis-subdistrict—as will be sufficient to overpower any force that can be under the command of a Stipendiary officer, whose rank is not elevated by some grades above the lowest. On an occasion of this sort, whatsoever is done by the Stipendiary functionary, the Local Headman inspects and keeps within bounds, and the Local Registrar records it. The smaller the territory, the nearer at hand, on every such occasion, will the Headman of it be: in no part of the territory can a military commander set a foot, without being in immediate expectation of seeing this controlling functionary at his elbow.
Stipendiary Navy-controlling Function.
Art. 1. In the exercise of this function, the Local Headman conducts himself, as per Section 6, Arts. 1, 2, 3, in the exercise of the Stipendiary Army-controlling Function.
Art. 2. Generally speaking, demand for the exercise of this power will not, it is obvious, be so frequently presented by the sea as by the land branch of the service. But how remote soever it may be, from the nearest part of the sea, scarcely can there be a Bis-subdistrict in which a demand for the exercise of it may not have place. Suppose, for example, a Navy officer, with a portion of his crew, traversing the country in pursuit of a deserter, or a body of deserters, from that branch of the service, and knowing or suspecting that the object of their search has taken refuge in a certain house. Entry being refused, shall they, by law, have power to employ force for the obtainment of it? How useful it might be, that their proceedings, whatever they were, should have for witness and moderator this local functionary, is sufficiently manifest.
Art. 1. To this function the Local Headman gives exercise by appropriate measures, taken for the prevention of damage in any of the cases following:—
Damage by Calamity or Casualty. For examples of the modes in which damage by calamity is liable to have place, see Ch. xi. Ministers severally, Section 5, Preventive ServiceMinister. By casualty, understand calamity on a smaller scale.
Prevention has place, 1. where, on appearance of danger, all damage is prevented; 2. where, after some sustained, all ulterior damage is prevented; 3. where damage is prevented in part only, not in the whole. Prevention of ulterior may be either temporary only, or final.
Art. 2. Of the cases in which, by the timely interposition of authority, damage may be prevented, examples are as follows:—
I. Calamity—Inundation. Preventive operations:—1. Diverting the course of the water, by operations performed on the lands of proprietors or occupants not consenting; and this whether it be by absence or reluctance that the want of consent is produced. 2. Application made of the manual labour of hands, over and above such as the persons immediately interested are able or willing to procure and employ within the time.
Art. 3. II. Calamity—Conflagration. Preventive operations:—Application of extra hands, as above. 1. In case of a forest or tract of dry grass on fire, preservation of a more or less remote tract, by gaps made or enlarged in the masses of combustible matter, by cutting down and removal of the trees or grass. 2. So, in a town, by the pulling down of intermediate buildings, where water in sufficient quantity cannot be had in time.
Art. 4. Damage by Absentation: that is to say, for want of proprietary care. Examples of cases are as follows:—
1. The Proprietor not known.
2. The Proprietor absent from the spot, and no other individual at hand, having authority to take charge.
3. An individual, having charge, by infirmity of body or mind, incapacitated from adequate performance.
Art. 5. Examples of subject matters and modes of damage are as follows:—
1. Corn, grass, fruit, roots, or other agricultural products, perishing for want of gathering in.
2. Agricultural live-stock perishing, or wandering out of reach, for want of sustenance.
3. Perishable dead stock in trade, perishing for want of appropriate care or sale.
Art. 6. Of the Remedies applicable by this functionary, examples are as follows:—
I. In the case of Calamity.
1. Application of the number of hands requisite. For this purpose, in subordination to the Preventive Service Minister, the Local Headman has command over the resident armed force in his territory, in like manner as per Section 6, Stipendiary Army-controlling Function.
2. Performance of the preventive operations necessary, as per Arts. 2, 3. In so doing, he will make recordation, as in the case of Military Necessity, as per Ch. x. Defensive Force, Section 12, Powers of Military as to Non-military.
Art. 7. II. So, in the case of Delinquency.
Art. 8. III. In the case of Absentation.
1. Locating a person as temporary curator, with appropriate temporary powers and responsibility, as in post-obit cases, as per Ch. xxvi. Local Registrars, Section 10, Post-obit-administration-granting Function: or locating divers persons as conjunct curators.
Art. 9. Meantime, for enabling the proprietor to take the appropriate charge of his own property, the Headman will employ such means of communicating with him, as the nature of the case affords.
Art. 10. In all these cases, of his proceedings in the exercise of this his function, he will, by the instrumentality of his Registrar, as per Ch. xxvi., cause make recordation. Of the record, exemplars will, by the Local Registrar, be disposed of as follows:—
1. Kept in the Registrar’s Office, one.
2. Transmitted to the Immediate Judicatory, by the promptest conveyance, one.
3. Transmitted to the Preventive Service Minister, one.
4. Transmitted to the Justice Minister, one.
5. Kept by the Local Headman, for his own use, one.
Art. 11. The Preventive Service Subdepartment being, as per Ch. xi. Ministers severally, Section 5, of an amphibious character, belonging partly to the Administrative, partly to the Judiciary Department, such is the character of the services performed, in the exercise of these functions, by the Local Headman.
Art. 1. Eleemosynary or say Indigence-relief-aiding function. In the exercise of this function, under the direction of the Indigence Relief Minister, the Local Headman gives, upon occasion, within his territory, execution and effect to all such ordinances as shall have emaned, either from the Legislature or the Sublegislature, in relation to the business of the Indigence Relief Subdepartment.
Art. 1. In the exercise of this function, under the direction of the Foreign Relation Minister, he provides, as occasion calls, for the hospitable and suitable reception of the Agents of foreign powers, in their passage through, or temporary abode in, his territory.
Art. 1. In the ordinary exercise of this function, for his security against disturbance in the exercise of his other functions, he employs, in case of necessity, those powers which, for the like purpose, as per Ch. xii. Judiciary collectively, Section 11, Sedative function, are given to the Judge.
Art. 2. In the extraordinary exercise of this function, he applies it to the purpose of effecting the cessation of any such casual riot as may have taken place in his territory. Call it in this case his Riot-quelling function.
Art. 3. By a riot, understand any course of operation, in which persons, [two] or more, with or without concert, act in the continuous exercise of physical violence, on persons or things one or more, or in producing annoyance to the neighbourhood by noise, or threatening language, or deportment.
Art. 4. For the purposes in this section mentioned, he has under his command the whole of the Radical military force belonging to his territory; and on each occasion employs such part as in his judgment is in quality best adapted to the purpose, and in quantity sufficient, without being superfluous.
Art. 5. When once begun in his territory, the exercise of the sedative function may be continued by him, in any of the contiguous, and so in any ulterior, Local Headman’s territory, until the riot has ceased.
Art. 6. On whatsoever occasion the sedative function, ordinarily or extraordinarily, is, has been, or continues to be, exercised, the Headman will, by the earliest opportunity, transmit to the Immediate Judicatory notice thereof: also, then or thereafter, an exemplar of the record of whatever passed: likewise all such persons and things, if any, as he has caused to be prehended.
Art. 1. In the exercise of this function, the Local Headman gives aid to justice in the cases following:—
1. Where, from the Judge of his territory, he receives order so to do.
2. Where, on information from any other person, it appears to him that such aid is needed, or may be of preponderant use.
3. Where, upon observation made by himself of the matter of fact in question, it appears to him that such aid is needed, or as above may be of use.
Art. 2. By giving aid to justice, understand the contributing to give execution and effect to some decree or mandate, which has been, or, as appears to him, would have been, issued by the Judge, had the circumstances of the case been known to him.
Uncommissioned prehension-approving Function.
Art. 1. In case of an act of prehension, exercised on a person or a thing, by command or allowance of law, on the ground of necessity, by an individual not specially commissioned, for the stoppage or prevention of a criminal offence, or for the placing the offender or supposed offender, under the physical power of the Judge,—the prehender, if no functionary belonging to the Judicial or Preventive service be nearer at hand, will, if the service admits, repair to the Local Headman of the territory, and give him information respecting the facts and circumstances. The Headman will thereupon either leave the individual or other subject matter prehended in charge of the prehender, or take charge thereof, in conjunction with him, or without him, as the law in that behalf shall have directed.
Art. 2. At the request of the Prehender, the Headman may moreover, if he thinks fit, deliver to him an instrument, containing his approval of the Prehender’s proceedings, in so far as, by such evidence as hath come before him, he is enabled to judge. Name of the instrument, Local Headman’s provisional prehension-approving certificate.
Effects and use of this certificate:—In case of suit brought against the prehender on the ground of such his proceedings, this certificate may be adduced by him in the character of justificative evidence, subject to overbalancement by counter interrogation or counter evidence.
Expositive. Instructional. Ratiocinative.
Art. 3. This function and the two preceding ones, are obviously very near of kin to one another. In the nature of the occasion, on which it may happen to them to be called into exercise, lies almost the only difference. To the sedative function, it will be a chance or casual commotion produced by an occurrence, capable of happening every day in every year, but which from hundred years to hundred years, may never happen. In the case of the justice-aiding function, an order from the Judge will naturally in the case of the individual obligation, be an efficient cause: but unless the duty, together with the power, were extended to those cases, in which an individual order from the Judge was by the nature of the case impossibilized, the provision made for the support of justice, would manifestly be lame and insufficient. In the case of the uncommissioned prehension-approving function, the efficient cause is, an application made by an individual, who, time not admitting of its being made to the Judge, for an individual authorization, takes upon him provisionally, (under the assurance of obtaining it, as soon as time admits,) to act in aid of justice, in pursuance of the general authority supposed to have been given by the law.
Art. 4. In English practice, a man who sees another committing a felony, may apprehend him and carry him before a Justice of the Peace. But a felony, what is it? All it signifies, and that but ambiguously, is the punishment, not the offence. True it is, that under this denomination, some of the most mischievous of crimes, such as murder, housebreaking by night, and highway robbery, would, by most men, probably be regarded as included. But between depredations felonious and depredations unfelonious, endless and generally uncognoscible are the distinctions.
Art. 5. Suppose, however, a person by whom the necessary knowledge is possessed, and the occasion having place, suppose the act of prehension to have place in consequence. What is to be done with the supposed felon? Within reachable distance, perhaps there is no Justice of the Peace, or he is out of the way, or he chooses not to act, if there should be anything else which it would be more amusing or more agreeable to him to do: for, performance of functions is not really obligatory in the case of these functionaries: with them, it is all power, and no obligation.
Art. 6. Under this Code, the Headman, if applied to, would not dare to make sport of law and justice. That day or the next, the complainant would repair to the Immediate Judicatory, the delinquent would be called before it, and obliged to make compensation for loss of time, or any other injury that had resulted from his neglect. In England, for any such complaint, a complainant would have to pay near a £100 in costs, for the attempt, before trial, and would assuredly obtain no redress. Neither would any punishment be inflicted on the delinquent, but on proof of corruption, as if without it no mischievous misconduct could have place. But then, gentlemen who serve their king and country in this capacity for nothing, are not to be harassed by frivolous accusations.
Judiciary power-controlling Function.
Art. 1. In the exercise of this function,—if, by any interessee, (on his responsibility in case of groundless or wanton application,) information has been given to the Local Headman of the territory, of any physical act of judicial power, exercised on any person or thing, for the purpose, real or pretended, of giving execution and effect to any decree of the Judge,—in such case, if, for stoppage or prevention of any abuse made of the power so exercised, or about to be exercised, his attendance on the spot is applied for, he will, if he sees need or preponderant use, attend accordingly: to wit, in person, or, if unable in person, by Depute.
Art. 2. Of such attendance the object will be—not the frustrating in any way any intention of the Judge, but merely the furnishing upon occasion the most trustworthy evidence of it: if, however, it appears to him, that by any subordinate of the Judge, on pretence or under the belief of giving effect, obstruction is really opposed to the will of the superordinate, he will, on his responsibility, take such course as the circumstances of the case appear to him to require, for giving effect to it, giving always, by the earliest opportunity, information thereof to the Judge.
Art. 3. Of the physical acts of judiciary power thus liable to need control, examples are as follows:—
1. Prehension, and consequent detention, or transmission exercised on a person.
2. Prehension and consequent detention, or transmission, exercised on a thing moveable.
3. Prehension and detention of a thing immoveable.
4. Search made, whether on land, or in a building, navigable vessel, or other receptacle, for the purpose, real or pretended, of prehension or inspection in aid of justice.
Subjudiciary topographical Function.
Art. 1. In the exercise of this function, the Local Headman takes cognizance of all such of the judiciary proceedings, here following, as have place within his territory, and, by the instrumentality of the Local Headman’s Registrar, causes recordation to be made of the results.
1. Every partition made of a portion of land, or erection made on land, or under-ground work, within his territory, into shares, in favour of that same number of proprietors, or sets of proprietors, or interessees.
2. Every union made of any number of portions of land, or erections made on land, or under-ground work, within his territory, for any special purpose.
3. Every actual transfer made of any portion of land, or erection on land, or underground work, within his territory, from one proprietor or interessee to another; and this, whether the change be to take place during the life of all the interessees, or not till after, and in consequence of, the death of the proprietor or proprietors, interessee, or interessees in possession.
4. Every eventual transfer made of any portion of such proprietary subject: for example, in the way of mortgage, or say land-pledge.
5. Every judicial decree, by which boundaries are established between one such proprietary subject and another.
6. Every judicial decree, by which, as between land belonging to one proprietor, or set of proprietors, or interessees, and land belonging to another proprietor, or set of proprietors, or interessees, the course to be taken by a stream of water, or the uses to be made of it, is determined.
Art. 2. Of every instrument, by which any one of the above-mentioned operations is performed, together with all appropriate delineations thereto annexed, exemplars will, by the care of the Local Headman, be made and disposed of as follows:—
1. Delivered to each party, or set of joint parties, one.
2. Delivered to the Local Headman’s Registrar, and kept among the records of his office, one.
Art. 3. 3. Also of every judicial decree, as above, of the Immediate Judicatories, delivered to the Registrar to be kept in his office, one.
4. So in case of appeal to the Registrar of the Appellate Judicatory, one.
Subjudiciary Venditive Function.
Art. 1. When, for giving execution and effect to a judicial decree, a mass of property is to be sold,—the Local Headman of the territory is the functionary, to whom, exceptions excepted, the function of effecting the sale, and placing the produce at the disposal of the Judicatory, will be committed.
Art. 2. Exceptions excepted, the mode of sale will be by auction.
Art. 3. To establish exceptions, should any be deemed needful, will be among the cares of the Legislature, and the Sublegislature, in the adjustment of the details of the Non-penal, Penal, and Procedure codes.
Art. 4. Whether it be by selection or by auction, the moral aptitude of the functionary will, on these occasions, stand frequently exposed to formidable temptation. To preserve it inviolate, will be among the special cares of the superordinate authorities.
Art. 5. The source of temptation is—by sale at undervalue, profit to the directing functionary, or what comes to the same thing, a person connected with him by some special tie of interest, self-regarding or sympathetic: profit, to wit, by the difference between the actual price received, and the price which, but for the sinister design in question, would, or might have been received.
Art. 6. Preventives and preservatives, as in other cases of temptation, so in this—responsibility satisfactional, punitional, and dislocational: and, for execution and effect, publicity throughout the whole of the process, maximized: to this publicity, the sole limit should be that which may be found set, by the conjunct consideration of delay, vexation, and expense.
Art. 1. In the exercise of this function, according to such means as shall by law have been placed at his disposal,—the Local Headman affords the requisite supply to any such deficiency, as the service of any Administration subdepartment may at any time chance to labour under, in respect of the means of communication between place and place. As to these, see Ch. xi. Ministers severally, Section 6, Interior Communication Minister.
Art. 1. In the exercise of this function,—for prevention of litigation, on application made to him, the Local Headman, in so far as he sees good, will apply his good offices to the reconciliation of family differences within his territory.
Art. 2. For the non-exercise of this function, he is not compensationally, punitionally, or dislocationally responsible: only, for any abuse committed of the trust thus reposed in him:—for his reward, he will have the love, respect, and self-satisfaction, which will be the natural fruits of the kind and meritorious exercise of it.
Art. 3. Of family differences, or say disagreements, examples are as follows:—
1. Differences between husband and wife.
2. Differences between parent and child.
3. Differences between brother and brother, sister and sister, or brother and sister, inhabiting the same house, and without a common parent.
4. Differences between any two other near relatives, inhabiting the same household: especially if without the near vicinity of any common superordinate in the order of genealogy.
5. Differences between employer and helper, in any business, especially if inhabiting the same household.
Art. 4. The application made to him may be made by either party separately, or, as the case may be, by both conjunctly: if conjunctly so much the better.
Art. 5. In the case of husband and wife, and in other cases, where the parties are of different sexes, he will do well to call in, as his assistant, a person of the female sex, wife or widow, and past the age of child-bearing.
Art. 6. Where both, or all parties are of the female sex, at the desire of any one, he may do well to call in, or refer them from himself to some person of the female sex, circumstanced as per Art. 5.
Art. 7. At the desire of any party, if he sees reason, he will call in the Registrar; but the Registrar is not obligationally responsible, in case of non-compliance.
Art. 8. At the desire of any party, unless he sees special reason to the contrary, he will render the hearing secret. For causes of secrecy, see Ch. xii. Judiciary collectively, Section 14, Publicity, &c., and Procedure Code, Ch. viii. Judicial application, Section 15, Proceedings when secret.
Art. 9. If he sees reason, he will inform the parties what, in the case before him, will, in his opinion, be likely to be eventually done by the Judge.
Art. 10. For any of the above purposes, on application made by any inhabitant of his territory, he may call in any other inhabitant thereof to a mutual attendance. A person so called in, is not obligationally responsible for non-compliance. But, at the instance of the Headman, the Registrar will make entry of such non-compliance; and, at any time after commencement of a suit between the parties, at the desire of the applicant, send certificate thereof to the Judicatory.
Art. 11. Of the sort of incompletely-empowered Judicatory, called a Conciliation Court, invented in Denmark, and in principle applied in some measure in Buonaparte’s and other codes, the principle has thus received a proportionably extensive approbation. Not that, under the here proposed system, suppose it in any considerable degree to answer its intended purposes, there can be near so great a demand for a judicatory of this sort, as under the system in which it originated, or even under any in which it has been employed. On the other hand, the extent given to the principle being maximized, cannot but be much greater than in any of those other systems: for, in the enormous amount of the mass of factitious delay, expense, and vexation, created, or left and confirmed by those Codes, is to be found the sole warrant for the institution of a Judicatory, unprovided with the power of giving execution to its own decrees. As to this matter, see Ch. xv. Section 5, Referees deputable.
Art. 12. As to danger of abuse,—notwithstanding any supposeable deficiency of trustworthiness in the situation of the functionary here in question, as compared with that of the Judge Immediate,—little ground of apprehension will, it is believed, be found. No coercive power is in this case given; nor yet, as in the case of the Danish Conciliation Courts, are parties compelled to betake themselves to this uncoercive judicatory, in their way to the coercive one. Power of compelling compensation not being in this case given to the functionary, the influence of any such opinion as he may see reason to declare, will, in each individual instance, be correspondent to the conception entertained by the parties, as to his appropriate aptitude; and as the aggregate mass of useful information in the territory in question increases, this aptitude will naturally receive correspondent increase.
Art. 13. Note, that, in this case, as to every assertion, by whomsoever on this occasion made, the same securities against falsehood must be given, as in any other case: else, as in English practice, the omission of those securities will operate as a license to, and a bounty upon, mendacity. But no imperative power, either for compelling the appearance of persons or things, in the character of sources of evidence,—or for compelling responsion for the purpose of evidence, at the hands either of strangers or of parties,—must be conferred: for, if yes, the power would be—not this comparatively slight and limited power, but, in so far as regards evidence, the ordinary and complete power of judicature.
Art. 1. In the exercise of this function, on application made to him, the Local Headman affords useful information and advice, on various occasions, to the otherwise helpless, in so far as the means in his power extend, and his employable time admits.
Art. 2. Of these occasions, examples are as follows:—
1. For subsistence the applicant has need of employment, and though able to perform work, knows not where, or how to obtain it. If unable, his case belongs to the Indigence Relief Minister’s Subdepartment, as per Ch. xi. Section 7.
2. From the estate of a person lately deceased, or become insolvent, in a distant Bis-subdistrict, or in a foreign country, money is believed by the applicant to be due to him; for example, on the ground of natural relationship or debt: his wish is to know by what means, if any, he may take the best adapted course for the obtaining of it.
3. On an account, to which he was not privy, by the decease of a relative, money is become due to him from government, and his wish is to know in what manner to make application and proof.
Art. 1. In the exercise of this function, in subordination to the Immediate Judicatory, with the advice and assistance of his Registrar, the Local Headman employs his endeavours in settling travelling disputes; thereby, in so far as on him depends, giving execution and effect to the Traveller’s Subcode.
Art. 2. Of travelling disputes, examples are the following:—
1. Disputes between a traveller and a conductor of a public vehicle, respecting the quantum to be paid.
2. So, respecting loss of, or damage to, traveller’s effects.
3. So, respecting damage alleged by the conductor to have been done to the vehicle, or the effects therein, or the beasts of draught, by a passenger.
4. The like as between a traveller and an innkeeper.
5. Disputes respecting the accommodation afforded in the vehicle, or the inn, as between traveller and traveller.
Art. 3. Question. Of the here assumed demand, for a particular Subcode, bearing relation to, and denominated from, persons thus occupied, what is the efficient cause?
Answer. 1. The extreme need of the maximum of promptitude, in respect of whatsoever remedy is desired to be applied to the evils to which this occupation is liable to give birth. Of this remedy, the principal, if not sole peculiarity, will be—the nature of the Judicatory to which the power of making application of it shall be allotted. For—the persons who are they, who, in this instance, require to be taken for subjects of the regulation? They are persons of all classes, without exception: and so in regard to the wrongs which, on this occasion, may require to be repressed, and the correspondent rights which may thus require to be carried into effect. Not that as to wrongs and rights, the classes that may require provision are in fact so absolutely boundless, as in regard to persons: still, however, to the purpose of provision by regulation, they may, without practical error, be regarded as such.
Art. 4. 2. This circumstance it is that brings the case within the field of the Constitutional Code. Confine the application of the remedy, in the first instance, to the ordinary Judicatories, the distance between the scene of dispute and the seat of Judicature considered, the remedy would in most cases remain unapplied; or if applied, be more afflictive than the disorder. Unless, on an occasion of this sort, the power of stopping the traveller be allowed to persons exposed to suffer wrongs at his hands, the power of doing wrong, in all manner of shapes, is given to every individual who, on the spot in question, is personally unknown: and, over the whole of the globe, a comparatively small portion excepted, in this case are all individuals whatsoever.
Art. 5. Yet, if you do grant this power to the several classes of persons by whom the protection in question is needed, say in particular innkeepers and conductors of vehicles, you put into their hands the faculty of practising extortion and oppression, at the charge of an unbounded multitude, who, in no small proportion, will be in a helpless state.
Art. 6. Such is the dilemma: what, then, is the option which it leaves? Answer. Either to leave the wrongs in question without remedy, or to give the application of the remedy to a Judicatory, much nearer at hand than, in general, will be the ordinary Judicatory: to give it, in a word, to a Judicatory, of which the Local Headman, with or without the assistance of his Registrar, is constituted Judge: for, no other course so unexceptionable, can the nature of the case admit of: no other Judicatory does the present Code afford: no Judicatory which can so effectually meet the evil, can any Code afford. Yet even thus, against the traveller, no remedy can be endeavoured to be applied, but evil, to the magnitude of which scarcely can any limits be assigned, is liable to be produced: a man, whose preservation from ruin depends upon his meeting with a certain person, or having under his eye a certain aggregate of things: or, on his arrival at a certain place, within a certain time, is consigned to ruin, if, by the means in question, or any others, he is prevented from arriving at the place in question within that time. To exclude this species of evil is therefore impossible: all that can be done, is to minimize the amount of it.
Art. 7. Under existing systems, not only inadequate in the extreme, but teeming with inconsistency, is the provision made against evil in this shape. By a person travelling, suppose in a carriage in which he is passenger, damage to a certain amount is done to the carriage, to the cattle, or to the inn at which he stops. From the damage done, suppose him to obtain or seek profit, as where the thing in question is stolen by him, or endeavoured to be stolen, what, in this case, is the consequence? He is liable to be taken before the ordinary Judicatory, whatever be the distance, there to receive a punishment, the amount of which is screwed up, without scruple, to a degree little short of the highest. Suppose the thing, on the other hand, not merely as above, transferred from one person to another, but destroyed, and thus lost to everybody: in this case, be the wrong ever so great, whatsoever be his responsibility as declared by the law, if his person is unknown, or he chooses rather to go out of, than stay within, reach of the power of the Judge, such declared, is not accompanied by any actual responsibility: only to what is called a civil suit does he stand exposed, and by that he is left at full liberty to make his escape. Yet to the loser of the thing, how is the loss of it rendered the lighter by its being destroyed? better it would be for him that it were stolen: for then would he have a chance more or less considerable of getting it back again; whereas, no such chance has he if it be destroyed. True it is, that, in respect of the demand for punishment, there may be a difference between the two cases: but in respect of the demand for compensation, there can be none.
Art. 8. Of any remedy of which the Legislature may feel disposed to make the Local Headman the instrument, the efficiency will naturally depend upon the degree of confidence which it may regard itself as warranted in reposing in this functionary. To every or any person regarding himself as injured in any of these ways, shall the power of prehending the supposed wrong-doer, and adducing him before the Local Headman, be given? If yes, what shall be the function exercised on the occasion by this functionary? The opinative only? or, in addition to it, the sole surely effectual function the imperative? Then, as to the Registrar having, in this case as in others, cognizance of whatsoever the Headman does, or endeavours to do,—may it not be advisable, in consideration of his longer experience, and probable superiority in respect of appropriate intellectual aptitude, to confer on him in this case, with relation to the imperative decree of the Headman, an effectual negative? or, in case of the Headman’s refusing, or purposely declining to act, the imperative function itself?
Art. 9. Note that, on this occasion, the less the confidence reposed by the Legislature in these chosen and effectually responsible functionaries, watched as they will be by the section of the Public-Opinion Tribunal, by which they will be environed,—the greater is the confidence it will thereby repose in persons of all descriptions, of whom collectively nothing is known, except that as individuals they are unknown: nor let it be forgotten that, to the here supposed, as to any other Judicatory, no proposed pursuer can adduce a proposed defendant, without at the same time adducing himself, and thus subjecting himself to whatsoever penal and other burthensome consequences the law has attached to any such offence, as on the occasion it may have happened to him to commit.
Hospitable Post-obituary Function.
Art. 1. In the exercise of this function, in the case where, within the Local Headman’s territory, a foreigner or other person dies, or is found dead, and no other person being within reach, in whom the disposal of the body, and the temporary disposal of the effects of the deceased, can with propriety be made to devolve, as per Ch. xxvi. Local Registrars, Section 10, the Headman takes upon himself that same trust: in so doing, he gives, in so far as on him depends, execution and effect to the correspondent provisions in the Stranger’s Subcode.
Art. 2. In the exercise of the post-obit-administration-granting function, allotted as per Ch. xxvi. Section 10, to the Local Registrar, the deceased being supposed a native, or other resident inhabitant of the territory of the state, there will in general be some individual in whom this trust may be, and ought to be, reposed. But, in the case here in question, no such person has place. The consequence is—that, either the trust must devolve upon some public functionary, or the disposal of the body, and such effects as the deceased had in his possession, will be abandoned to chance and depredation.
Term of Service.
Art. 1. Of each Local Headman, the term of service is the same as that of a Member of the Legislature, as per Ch. vi. Legislature, Section 22, Term of Service, and Section 24, Continuation Committee: in such sort, that the Electors may at all times have their choice of divers persons, in the instance of each of whom degrees of aptitude have been manifested by experience.
Art. 1. Of a Local Headman, the attendance is governed by the same rules as that of the Judge, as per Ch. xii. Judiciary collectively, Section 25, Judges’ Attendance.
Art. 1. Of the Local Headman of each territory, the pay is [NA]. Received from unwilling hands, ulterior emolument is extortion: from willing ones, corruption.
Art. 2. As in the case of a Minister, so in this, by the pecuniary competition will be determined, in what shape, and to what amount, deductions, if any, from the above-mentioned pay, shall be made.
Art. 1. Till the arrival of the Official Aptitude consummation period, as per Ch. ix. Ministers collectively, Section 16, Locable who, any person is locable as Headman whom a majority of the appropriate electors think fit to locate.
Art. 2. After the arrival of the consummation period, no person is locable until his name has been entered on the General Locable List: if, of the persons entered on that list, there be any one willing thus to serve.
Art. 1. Antecedently to the election, candidates will have given in their names, together with their several deduction offers, relation had to the standard pay, as above, according to the pecuniary competition process, as per Ch. ix. Ministers collectively, Section 16, Locable who: out of these bidders, together with such candidates, if any, by whom no bidding has been made, the Electors will have to choose.
Art. 1. A Local Headman is dislocable, by any one of the several Ministers, to the exercise of whose function it is hereby made his duty to give aid, as per Section 3, General-assistance Function.
Art. 2. So, subject to appeal, by the Immediate Judge of his territory: so by the Prime Minister, the Legislature, or the Constitutive authority; namely, in this case, by that branch of it which is composed of the electors of the Subdistrict.
Art. 1. Under the name of the Report Chamber, a chamber in the Local Headman’s Office will be allotted to the purpose of maximizing publicity in regard to the matter of the several Reports concerning Deaths, Marriages, and Births.
Art. 2. Tables, to wit the originals, exhibiting the matter under the several heads, will be kept hung up for public inspection.
Art. 3. In regard to each, the events that occurred during one week will constitute the contents of one Table. The Tables of 52 weeks having been hung up, when the Table of the 53d week is added, the Table of the first of the 52 weeks will be consigned to another repository: and so on in such sort, that thereafter there will be at all times in the Chamber, open to universal inspection, the matter of the whole year, ending with the existing week: or, if the walls, all or any of them will conveniently exhibit any greater number of weeks, in exact succession to one another, so much the better.
Relation to Local Registrar.
Art. 1. Whatsoever the Local Headman, as such, does, the Local Registrar records.
Art. 2. To every act of the Headman, the Registrar attaches his opinion. He exercises the commentative function: as per Ch. xvi. Quasi-Jury, Section 3, Functions.
Art. 3. It is expressed by one or other of three formulas: 1, Approved; 2, Disapproved; 3, Approved submodo. In this latter case he makes entry of the decrees modified, as in his view the case requires.
Art. 4. The Registrar has not, directly or indirectly, a negative on any act of the Headman, except as per Section 20, Art. 8. To the Registrar’s Disapproved, the Headman attaches, if he thinks fit, the words Ordered notwithstanding, with his signature, and the day when written. So, likewise, to the Registrar’s Approved submodo. Function thus exercised, the Non-obstante function.
Art. 5. So, likewise, in case of delay on the part of the Registrar. Formulary in this case, 1. Communicated: then follow day, hour, with deliberation time allowed, and signature: Formulary at the end of that time: 2. Deliberation time elapsed, order confirmed.
Art. 6. By the Headman and the Registrar, the same official apartment will be occupied, as in the case of the Judge and the Judiciary Registrar. Of this apartment, the Headman will be, as need or occasion call, the frequent, the Registrar the constant, occupant.
Art. 7. Exceptions excepted, that which is here said of the Principals, applies to their respective Deputes.
Art. 8. With relation to everything done by the Registrar in the process of registration, the Headman possesses the inspective function: so, likewise, the commentative, and the melioration-suggestive: and all discourse, which, in the exercise of either of these his functions, the Headman delivers, the Registrar at the request of the Headman, as testified by his signature, will enter upon the Register.
Art. 9. In like manner, with relation to everything done by the Headman, the Registrar possesses the commentative and melioration-suggestive functions.
Art. 10. For any breach of official duty on the part of the Headman, of which the Registrar had, or but for his own default would have had, cognizance,—the Registrar, in case of his omitting, or wilfully, or through negligence, delaying, to give official information thereof, to the Judge, is responsible, satisfactionally, punitionally, and dislocationally, as for connivance: in like manner, as are a Quasi-Juryman, a Government Advocate, and an Eleemosynary Advocate, for connivance at delinquency on the part of a Judge.
Art. 11. So, likewise, the Headman, in case of any breach of official duty on the part of the Registrar.
Art. 12. Of every portion of discourse, entry of which the Headman requires to be made in the Register, he makes entry accordingly, under the same conditions as those which in the Immediate Judicatory have place as between the Registrar and the Judge: as per Ch. xxi. Immediate and Appellate Registrars, Section 2, Relation to Judge.
Art. 13. During the exercise given to his several functions, as far as may be, matters will be so ordered as that the Headman, or if he cannot be, a Depute of his, shall be present: yet so as for want of such presence, the service performed by the exercise of the function shall not be frustrated or impaired, or preponderant inconvenience, in the shape of delay, vexation, and expense, produced: and of the non-presence of the Headman, the cause will be stated on the record: so if neither the Headman nor any Depute of his are present, the cause of such complete non-presence.
Art. 14. In the situation of Local Registrar, as in that of the Registrar of a Judicatory, the functionary by whom the business of registration is conducted, should be stationary: and in this case, for the same reasons as in that. In the case of the Headman, as in the case of the member of the Legislature, and the member of a Sublegislature, it is desirable that he should not be stationary; and though his power is entire, and theirs but fractionary, the reasons that applied to those two cases may be found applying in some measure to this.
Art. 15. For his natural Mentor, this comparatively inexperienced functionary will have his comparatively experienced associate, the Registrar.
Thus in the city of London, in the situation of Alderman; for that part of his business which is performed by him, in his character of Justice of Peace, the Alderman has his clerk: a man whose attention is confined to this business only. By him are the interrogations put, while the Alderman, sitting above him, and looking grave, yields auspices.
Securities for appropriate aptitude.
Art. 1. Securities for appropriate aptitude on the part of a Local Headman, are these which follow:—
1. Single-seatedness in this as in all Administrative and Judicial situations.
2. Interdiction of all emolument over and above established pay.
3. Prohibition of extra remuneration for extra despatch.
4. Effect of the precautionary indications for prevention of sinister profit.
5. Responsibility for subordinates.
6. In case of specific delinquency, responsibility,—satisfactional, punitional, and dislocational.
7. So, without specific delinquency assigned, dislocability.
8. Exposure to the judgment of the Public-Opinion Tribunal.
9. Obligation of maintaining with the Registrar an uninterrupted communication.
10. Official Duty Table, constantly in the conjunct view of this functionary, and all persons having business at his office.
11. Deportment Rules in like manner constantly in view.
12. Incidental Complaint Book.
13. In the General Register of the Office, Registration of everything done or said by him on the occasion of the exercise of his functions.
14. Character Index.
15. Merit Register.
16. Demerit Register.
As to these securities, in detail, see Ch. ix. Ministers collectively, Section 25, Securities for appropriate aptitude.
Art. 1. Every Local Headman, on his entrance into office, will pronounce an appropriate Inaugural Declaration, in his official apartment. The Registrar will, in each instance, make an entry of the pronunciation of the Declaration.
Art. 2. For the form of an appropriate Inaugural Declaration, see Ch. xii. Judiciary collectively, Section 31, Judges’, &c., Inaugural Declaration.