JB/035/253/001

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3 June 1808

Jury-trial furnishes matter for Ch. 23
and for the matters.

Ch. Disadvantageous features of imperfection attached by accident
to Jury trial.
§. Defects brought to view indicated by Blackstone

The "defects" observed by Blackstone of Jury trial form the subject of a few so many
paragraphs at the close of his Blackstone's Chapter on the
subject of Trial by Jury (Basn. Ch. 23) a most inaccurae passage continually
presenting a super title to notice worthy of notice, for the contrasts it makes with
the rest of the book work – for the justice of the imputations
it conveys casts on the panegyrists and upholders (himself
among the number) of this def so defective a system a system thus abounding teeming
with, or rather made up of, defects, and for the
imperturbable tranquillity with which those who if they
were what they are said to be and would be thought
to be would keep eye power removed cleared away those defects, leave
now for upwards of for half a century been acquiescing submitting to those imputations.

Defect 1. "Want of a complete discovery by the oath
"of the parties."

Defect 2. "Want of a compulsive power for the production
of books and papers" (he might have added – and other
sources of evidence) belonging to the parties: (he might
have added and others.)

Defect 3. "Want of powers to examine witnesses (he might have added and parties) abroad,
"and to receive their depositions in writing, where the witnesses
"reside, and especially where the cause of action
"arises" (he probably meant arose) "in a foreign country",
thus briefly and expressively he might have said want of powers
for epistolary examination:
in contradistinction
to oral
or vivâ voce.

Defect 4. Want of the power of examining witnesses
that are aged or going abroad, upon interrogations de bonnesse
to be read in evidence if the trial should be deferred
till after their death or departure, but otherwise
to be totally suppressed.

Identifier: | JB/035/253/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-03	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	253	Info in main headings field
Image	001	Titles	ch / features of imperfection attached by accident to jury trial
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10846
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