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1823. Sept. 1 Constitutional Code III. Rational Questions Ch. XVI Quasi Jury
1.
Question 1. Quasi Jury's
authority why co-extensive
with Jury's over the whole
field of law?
Answer 1. The demand,
if sufficient in any one,
so in every other.
2.
2. True, in penali, more
urgent then in civili
3.
3. But in non penal
in particular, no spot
is there where a justifiable
line of reparation
can be fixt.
If preponderately useful
any where, no
one can say where it's
usefulness ceases.
4.
4. In every case, the
only distinct use found
for a jury, had place:
viz. acting as check on
judge. Suppose demand
for it in civili
any where, no one can
say where there is none.
5.
5. Limits applied in
English Law: no ground
have they in utility.
6.
6.1. In non penali.
By itself, far short of
being coexistive with
the demand made
by the ends of justice
is the extent of the
form of procedure,
in which the power
of a jury is inserted.
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7.
7. For any thing approaching
to a compleat chart,
of the deficiency, nothing
more than a few
examples can this design
afford space.
8.
Utterly inapplicable is
this made, where the
suit is to a certain degree complex.
Examples —
1. Distribution of property
on death.
2. Do. on insolvency.
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1. Sept. 1823 ☞ Addend.
Irreparable punishment is
supposed to be by
Penal Code.
Identifier: | JB/034/036/001 "JB/" can not be assigned to a declared number type with value 34.
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1823-09-01 |
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034 |
constitutional code |
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036 |
constitutional code |
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001 |
ch. quasi jury / functions |
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marginal summary sheet |
1 |
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recto |
d1 / e1 |
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jeremy bentham; john flowerdew colls |
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