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21 May 1809 1 10
Elements of Packing Ch. 6 Purposes of Obsequiousness
§§.1. Confidential characteristics
1.
Suppositions and consequence —
1. Check to Judge's power
not necessary: destruction
of check applied
by Jury not pernicious. p.1.
2
2. Judge not exposed
to action of sinister
interest, either on
his own account
or that of individuals
or classes connected
with him: independent
exercise of Jury's
power useless: diminution
of ql independence
not mischievous.
p.1.
3.
3. Obsequiousness in
Juries not prejudicial
to justice, packing &
permanence (its causes)
not pernicious on
this score. p.1.
4.
Practical influence
if so — not keep Juries
thus obsequious, but —
abolish them. Jury
box, if not useful, being
a sense of complication,
delay, vexation & expence
to suitors, and of vexation
to Jurors worse than
usef useless — abolish
viz. by Paret — not by
Judge's. p.2.
4.
Hence on the occasion
of Scotch Reform J.B.'s
proposal for not employing
Jury trial in
civili: but in the way
of appeal — viz from a
single seated bench.
<p> Reception, such as
might have been expected:
from Eldon, in
legislation use of reason
unknown — in judicative
formation of will
extremely difficult.
J.B.'s attachment to
Jury trial thence shewn
not to be the result of
blind prejudice. p.3.
§§.1. Confidential characteristics
5.
But their suppositions
are all contrary to truth.
for —
1. Check to Judges power
is throughout the whole
field of Special Jury
trial (other questions
not here relevant) necessary.
p.4
6.
2. Judge does stand exposed
to action of sinister
interest: viz
on his own account &
on that of his connections.
p.4.
7
3. Thence such obsequiousness,
& its causes,
are highly pernicious.
p.4
§§.2.
Identifier: | JB/026/077/001 "JB/" can not be assigned to a declared number type with value 26.
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elements of the art of packing |
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077 |
elements of packing ch. 6 purposes of obsequiousness |
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marginal summary sheet |
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john herbert koe |
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