JB/034/141/001

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1828 Septr. 4

Constitutional Code.

III. Rationale
Ch Quasi-Jury
Explany Observat.
§ 1. Additional features
Tru Sheet
1
3. Th service to ends
of justice, securing to evidence
the most apt shape where
obtainable: viz when
without any valuation dence
it passes, in
presence of the auditory
form the lips of thea relating
witness to the care
of the judge by whose
decision is grounded on it
is pronounced: subject
to be made correct
and compleat by interrogation: and not strain through the similar purparty vitiating medium of pain [+]

3. Third distinguishable mode in which the ends of Jury system
as established in the service in which it is in use has been conducive to the ends of justice, causing securing
the exhalation evidence to continue to be received in the least
decapt shape that to say the oral shape the most best shape.
namely that in which it passes immediately from the lips
of the relating witness to the ear of the Judge and the
surrounding auditory, without being strained through the
bes of of professional or official instruments or both, paid
all of them at the rate of so much a word for initiating it.

51

No less capable of being
given to evidence in this
most apt shape in Judicatories
without Jury
than in Judicatories with
Jury: nor on onethe occasions
where the Jury is not,
than on do where it is
called in

Neither is this feature inseparable in its nature
from Jury procedure Neither in this instance is there
any thing in the nature of evidence on the one hand or
of Jury procedure on the other that render that forbids
the reception of renders it more & prevents difficulty to receive evidence in this excludes evidence for being res in the
form shape in any other sort of Judicatory there in that
of which a Jury forms a part. In relation to a fact open
to dispute, no Judge nor other ruling functionary that really wished to come at the truth
ever thought of having -receiving evidence in any other
shape wh without having received in this, when in this
shape it was within reach. [+] But, except in in so far as truth the truth [+] Witness all Parliamentary
enquiries.
Witness every father of
a family in his dealings
with his children or his
servants.
Witness the enquiries
carried in or the occasion
of these enemies from by which
the minds of individuals are rather
governor as, well as governed
app of injury
done to person of property.
was regarded as conducive to the giving effect to his power is that of
on whom whose power has he was dependent, nor person functionary concerned in the
framing of the rules of procedure did ever did wish to at
the truth harbours any such wish as that of seeing the truth over a light causing at or enabling
his colleagues associates and successive to come at the truth. TheirThe
aim has uniformly been, as it could not but be, by means of to extract
and or with the help of such instruments as could be consented
out of the products of suitors a money in the greatest quantity
in which it could be so extracted. On the contrary the object of
it was that in testimonial statements the quantity of falshood
should be maximized that further proceedings and further writing for the exposure of it
might be necessitated

52
Where the faculty of
giving this shape to it is
within reach by no
Judge who wishes to
at the truth is it ever received
in any other. Witness
1. Parliamentary inquiries
for legislative purposes
2. Investigational inquiries
as to ing deemed impartial
enough.
3. Domestic procedure, as to children
or servants offences

53
But of none ofthose by whom the course of procedure
has any where been established, has
it been the wish that the truth be come at.
To maximize professional and [+]
[+] official profit has been their wish: thence to maximize falsehood that further proceedings might be necessitated. ]

Identifier: | JB/034/141/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-04	Marginal Summary Numbering	50-53
Box	034	Main Headings	constitutional code
Folio number	141	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4 / c1 / d15 / e4
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10415
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