JB/035/220/001

Click Here To Edit

1 June 1808

☞ Quere to mark this?
Utility a Judge charge depends on need desire in respect of
the importance of that chance, latter parts might be entitled to have
it in decision.

Ch. Disadvantage

☞ Place this rather under Advantages: adding a proposal
that the Judge shall be bound to a charge and the declare an opinion, at the
cognizance of either party, or of the Jury any two of the Jury.

§. Fifth inseparable disadvantage – Time consumed
by the Judges charge.

I set this down The portion of delay thus produced
possesses an indefeasible title to a place on the
list of disadvantages because so far as it extends every
portion of delay is a disadvantage.

But in value so much do the superior are the beneficial effects
of this incident to outweigh the disadvantages, that its
title to a place on the opposite list will appear seems to be
especially out of dispute.

Supposing no question of law startedIn The Judges charge to the Jury are its two
parts are frequently commonly to be distinguished: 1. recapitulation
of the evidence: 2. observations upon the evidence.

If on the part of the Judge any such thing direct recommendation be
added, pointing out in express terms the one side or
the other as the side in favour of which in the opinion of the Judge
the verdict ought to be given pronounced, then, by whatever observations
he may have thought fit to intersperse with or subjoin
to the recapitulatory statement he has been making
of the evidence, those observations will serve in the
character of reasons, operating in support and justification
of the recommendation so given.

But in the very time given to the statement description
given of this or that piece of made of the evidence, observations may be implicitly
involved – observations the effect of which will not be the
less impressive from for being thus intimately combined with
the subject to which they apply.

Identifier: | JB/035/220/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-01	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	220	Info in main headings field
Image	001	Titles	ch. / disadvantages
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10813
Box Contents