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JB/026/065/001

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Scotch Reform? or? 2.

48
After decision by permanent
judicature (naturaliter)
Jury trial ought to be
at the option of either party.
p. 15.

49
Reasons. 1. Satisfaction of
the public mind—better
provided for. p.15

50
2. The contrary arrangement
would weaken too
much the security against
misconduct on the paramount
judicature—

though without doing it
away altogether—the publicity
of the discussion being
a considerable security—
Yet not sufficient, his
affections being in that
stage more apt to be
heated than before.
p. 15.

51.
3. Appeal quoad hoc a
remedy against misdecision,
but loaded with
greater delay, &c. p.15

52.
4. Such appeal not advantageously
practicable
without previous minutation
in the 1st stage:
and it would be a useless
expence to make that
necessary in all cases.
p. 10.

53
Jury trial for the first
time ought to be conducted
by the Judge à quo: p.17.

54
(Better by a co-ordinate,
though deputed by him,
power being given quoad
hoc
.
) p. 17.

55
Reasons—. 1. At the local
judicature, delay, vexation
and expence of Jury
Trial much less: but here
much depends on distance.
p.17.


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56
2. Time enough to employ
the more burthensome
remedy, when proved necessary—

Time enough to seek
redress against conduct
of local Judge, when dissatisfied
with it:—time
enough to be dissatisfied
with it when known.
p. 17.

57
After the first trial, no
other without allowance.
p. 18.

58
Application should be
made to the Judge who sat
on the former trial, as above.
p. 18.

59
The refusing, then to the
superordinate. p.18

60
After one Jury trial, the evidence
being on paper, thence
sufficient grounds for argument
above, on the question
ulterior trial or not
p. 18.

61.
Decision of first Jury conformable
to do of Judge, his
thinking fit to order a 2d
not a natural result, yet
possible. p. 18.

62
Decision of the first Jury
unconformable to his own
if confirmed by him, appeal
from such confirmation,
& praying 2nd trial, not
natural, yet possible. p. 19.

63.
After first verdict contrary
to Judges pre-decision, a
2nd trial being ordered by
him shall such order be
appealable from or not?
p. 19.

64
After appeal above from
order of Judge below allowing
or disallowing ulterior
trial, no ulterior recurrence
should be allowed but to
the Court above. p. 19.

65.
Judge above being dissatisfied
with the last verdict, to allow
or not ulterior trial will be
matter of prudence—weighing
the evil of misdecision against
the danger of popular dissatisfaction. p. 19.


---page break---

66.
By such a division of power,
aribtraryness is barred
out on both sides.
Neither judicature can
gain its point without the
concurrence of the other.
Contention is on both
sides an appeal to public
opinion: by which
ultimately the decision
will be governed. Of any
decided contrariety to public
opinion on the part
of the Judge loss of representation
will be the manifest
and immediate
consequence. p. 20.

67.
Of the mischief attendant
on popular discontent
the legislator can always
be better assured than that
a future Judge unknown
to him will be in the
right. p. 20.

68
Excessive number of successive
trials need not
be apprehended. Fact
dubious, the demand
remains unsatisfied, fact
clear, reputation will be
lost by ordering a new
trial, nothing gained.
p. 21.

69.
New Trials in infinite
number alarming; propensity
to such alarm
has its grounds in the
experience of the delay
&c. under the technical
system which though factitious
yet being established
is naturally regarded
as
naturally regarded
as natural p. 22.

70.
By the Resolutions 5 stages
of enquiry are supposed
whereof 1 new. More not
probable under the unlimited
allowance of New Trial.
p. 22.



Identifier: | JB/026/065/001
"JB/" can not be assigned to a declared number type with value 26.

Date_1

Marginal Summary Numbering

48-70

Box

026

Main Headings

scotch reform

Folio number

065

Info in main headings field

scotch reform? or ?

Image

001

Titles

Category

marginal summary sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d2

Penner

john herbert koe

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

8798

Box Contents

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