JB/031/177/001

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1828 Aug. 19
Blackstone

State the cases where the term defendant is commonly
superseded by that of Prisoner.

11. Defendants: Second class of persons on or in relation to
whom the pow exercise is given to the power of the Judge.

On the language of Law as it is this class
the class thus denominated admitts not of any diversification:
neither of any in correspondency with those abovementioned in the case
of the pursuer, nor of any other.

In fact however it admitts of two very
material diversifications: namely the class of those defendants
who do defend themselves, and the class composed of
those defendants who do not defend themselves.

The di What renders the distinction the more material
is – that, so far more particular so far as any use of the Supreme Courts at Westminster is the theatre the class of those defendants who
do not defend themselves, and who in consequence are
not defended is by some dozen or some seven times more
numerous that the class of those defendants who do defend
themselves, and who accordingly consequently, for larger greater or less
lengths of time, according as their money holds out, do
defend themselves and are defended. What made this
class so numerous is – that of course, to this belongs the class composed of all who can not
defend themselves the act: and this subclass is of itself
by some dozen or some seven times by nearly that same number of times more numerous
than the whole class composed of those who being able
to of accordingly defend themselves, that is to say procure
learned agents to engage in their defence.

Should it ever in the administration of justice become an object with those on whom
it depends to state things as they are, and to make provision
accordingly, a distinction will be made between proposed
defendants, (proposed to wit by the pursuer) and actual
defendants, persons who having in an appropriate manner, been
applied to, to declare whether they will defend themselves against
the demand, or, not defending themselves acquiesce and see effect given to it by the power of the
Judge, have replyed in the affirmation,
and in that
character have accordingly
been received and recorded.

Identifier: | JB/031/177/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1828-08-19	Marginal Summary Numbering
Box	031	Main Headings	civil code
Folio number	177	Info in main headings field	blackstone
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / d4 / e4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections	richard doane	Paper Produced in Year
Notes public		ID Number	9863
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