JB/035/202/001

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30 May 1808

The propriety of these considerations in the character of grounds
for new trial is surely in both instances out of dispute,
and in the case of continuity inconsistency of evide the verdict to the
evidence the establishment of it in that character is a
sufficient proof that on that head instruction and direction
from the Judge are not without example.

But what at the same time is no less incontestable is
that the affording of such instruction and direction is not
in any cause matter of obligation on to the Judge.

In England this along with most almost all other points matters
of procedure having been arranged by Judges, have of
course been arranged in the manner most best adapted
to their personal convenience or where the verdict, right or
wrong has been unacceptable to them, they have held
themselves free to oppose it, and use their endeavours
for obtaining another more acceptable: where the verdict
right or wrong, has been acceptable to them they have
held themselves free to let it pass.

But in Scotland, Jury trial in civili, if introduced
will not be the work of Judges, pursuing their own separate
interests, but of the legislators, which at any rate will not
profess to pursue any interest other than that of the whole
community, a will determined by the ends of justice.

In Scotland therefore a rule might be established
to some such effect as this: viz. that when the a Jury has
given its verdict, the Judge, if he has given to instruction
to the contrary, shall be considered as acquiescing in it, and
approving of it: insomuch that, f in case of any
manifest repugnancy to justice, he shall to such or such
an effect be considered as responsible.

Identifier: | JB/035/202/001 "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	202	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10795
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