JB/034/168/001

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1823. Sept. 11
Constitutional Code

Of all those four features no one is but might can be assigned, which in the
nature of the case might not have place in a judicatory constituted
in any other manner, as well as in a judicatory of which a
Jury forms a part: none no one but what might have place. For publicity
might have place in a single seated and uncompounded
judicatory as well as in that compound one: so likewise
might the evidence in its bid suit: the task of giving explanation
and reasons to the auditory might be assigned to the Judge, so there were
but one auditory, no matter how composed: but unless along with
the task, adequate motives were not given for the performance of it, the task might as well
not be given: those motives are not wanting in the case of a Jury,
nor will they be found in the case of a Quasi-Jury.

Accidental as they are in their nature with reference to
the use made of this fraction of a judicatory in English-bred
procedure judicature, but for the establishment of this institution they these vitally essential features would
naturally have been as unknown in English as they are in most other
systems the judicial systems of most other countries. But the
part point is scarcely relevant. The proper question here is – not
what has been nor what might have been, but what ought
to be.

Identifier: | JB/034/168/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-11	Marginal Summary Numbering	13
Box	034	Main Headings	constitutional code
Folio number	168	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	b5 / c5 / d4
Penner	jeremy bentham	Watermarks	c wilmott 1819
Marginals	jeremy bentham	Paper Producer	andreas louriottis
Corrections		Paper Produced in Year	1819
Notes public		ID Number	10442
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