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21 May 1809 Part 1 5
Elements of packing Ch. 4 Special influence
§§.1. System indicated
1 —
Above, possible instruments
for securing
obsequiousness —
Special Jury, the
actual. p.1 —
2.
In this the state
of absolute dependence
above described will
be found realized.
p.1.
3.
Origin of Special
Juries is unknown
Human craft Lawyer
craft hide themselves.
p.2
4
The Cluster of Statutes
beginning with 3.G.2.
present as far as it
goes the clearest view
Special Juries then
spoken of as existing
are not enacted but
regulated by it.
4(a)
Powells Attys Reading
1623 the oldest book
of practice makes
no mention of Special
Juries — 8d is there
mentioned as the fee
of London Nisi Prius
Jurymen — 4d of a tales
do — 1d that of my Lords
foot cloth man. p2.
5.
1. The first act found
and left in the hand
of the dependent of
the Judge the power
of appropriating appointing in
each instance the
Jurors who were to
check the Judge.
p.3
§§1 (continued) System indicated
7 6
2. and the fees private
unlimited. juries
in civil cases the
agents of the parties:
in Crown do, the agents
of the Crown: whether
reversible till after
Verdict, non constat.
8 7
By Stat. G.2.
the fee was (v. portice
limited to a Guinea viz
per cause, several
trials in a day. p 3
§§.2 Corruption indicated
9.
Thus a corps is
formed by & under the
command of a dependant
of the Judge
& his connections namong
the servants of the Crown.
p.4
10.
On this Corps depends
the fate of the deft in
all Crown causes in
which Judge by his
ministerial connection
takes a great interest.
p.4
11.
Admission into this
corps is the object of
widely extended solicitation.
No publicity, no
other formality attending
the dismission: the
dependence of these
Jurymen is stricter
than that of a placeman
under the Crown during
pleasure. p.4.
§§.3 System developed
12.
This the general result.
by the ulterior explanation
the view will
be rendered more distinct,
but to a practical
purpose the proof
not rendered more
conclusive. p.5.
13.
Common & Special Jury
Qualified list for all
Jurors (qualified as
per Statute) is made
out by the Constable of
the Parishes: collected
by ql Sherriff. p5
§§.3 (continued) System developed
14
Of these then considered
as qualified to
serve on Special Juries
are in the Constably
Book distinguished
by Esquire —
2. Special Jury qualified
list p 5
15
Special Jury
3. Gross occasional List
48 chosen for each cause
by the Judges right
hand man (a), who is
better acquainted with
the qualified list than
the Chancellor of ql Exchequer
names constantly before
him — number smaller.
(b)
16
Special Jury
4 Reduced occasional list
24: 12 discarded by
Agents of each side: their
attendance separately
commanded by Sheriff
in virtue of a collective
writ: Agents being
paid naturally the
power will be exercised.
p.6.
16(a)
Treasury Solter is paid
by Salary: & as supposed
without fees but motives
for such attendance
will scarce be wanting.
p6.
[+]
17
[+] 5 Actually appearing
or attending list: the
latest or any part of the 24 summoned or being
on the Reduced occasional
list. p.6.
178
6. Serving List 12. viz of
the reduced list, the
first 12 that appear —
taken in the order
in which they are
set down in the writ.
p.6.
189
Deficiencies in the appearing
list are filled
up by common Jurors.
p.7.
19 20
All 48 being chosen by
the dependant of the
Judge, the power of
discarding 12 affords
no security to anyone
to whom the Judge is
adverse.
Of 48 dependants
what matters it which
24 or 12 serves? p.7.
19(a)
Talesman the name
given to a substitute
taken from the Common
Jury list. Before
Special Juries Talesmen
were bystanders. p.7.
20
7. Select and secret
qualified list: out
of which the Gross occasional
lists are formed.
p7.
§§.1. Brief idea of the
Special Jury system viz
1.2.3.4.5.6.7.8.
§§.2. Brief idea of the
corruption and dependence
produced by it.
9.10.11.12.13.2
§§.3. Formation of Special
Juries further developed.
14.15.16.17.18.19.20
§§.4 Corrupt dependence
of Special Juries further
manifested.
21.22.23.24.25.26.27.
28.29.
§§.5. Aggregate mischievousness
of the Special Jury
system. 30. 3
30.31.32
§§ 6. Lawyers by whom it
was botched — their treachery views
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Identifier: | JB/026/073/001 "JB/" can not be assigned to a declared number type with value 26.
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1809-05-21 |
1-16, 16a, 18-20, 19a , 17, 20 |
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026 |
elements of the art of packing |
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073 |
elements of packing ch. 4 special influence |
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marginal summary sheet |
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recto |
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john herbert koe |
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