JB/035/201/001

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30 May 1808

Remedy Obligation to Judge to give his opinion.
Such relative imbecillity not applicable to extraordinary cases,
give the run to a stumbling horse

But a proportionable degree of the weakness and pliancy of the will is not
though naturally and generally, is not constantly a constant
and universally accompanied universal accompaniment of that intellectual
weakness of which men inexperience is the cause.
The lower we descend on the scale of society, the greater
the chance of finding any given assemblage of men acting
upon the occasion under the impulse of some indefinable
caprice, capable of overpowering not only the force of
reason, but the much more impressive force of authority
derived from political high station – the influence of supposed understanding
over understanding.

Thus it is that at the bottom new trial still
remains in the character of an ultimate resource which
will sometimes be necessary, and which will at last serve operate
in the character of a curative remedy, where all preventive
ones have proved unavailing.

By From the need demand which will sometimes be presented
for instruction and direction from the Judge results a
practical inference which in Scotland may have its use.
An instruct aid which every now and then may be so necessary
to justice it should not be left as in England altogether to the option of
the Judge of administer or to refuse to with-hold.

In English practice one of among the received grounds for
new trial, one is non-conformity to the direction of
the Judge in a matter on a point of law; another, contrariety to evidence:
which again is contrariety if not to the direction
of the Judge who presided at the trial, contrariety to the opinion of such
other Judge or Judges to whom on the report of made of the
by the presiding Judge, it may belong to judge of the conformity
of the verdict in relation to the evidence.

Identifier: | JB/035/201/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-30	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	201	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10794
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