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5 June 1808 3 Jury


Ch. Popular 1.1. Importance in Our circumstance however then is that shews that
the differen even in the vague and glance cast
upon such subjects by the mind public mind of the people at large
the difference of importance between corresponding to criminal and
civil can not have been wholly overlooked -

By the jurisdiction of the Equity to which is Courts, and added to that
of the Chancellor in th cases of bankruptcy, such causes and
taken out
causes which taken in the aggregate, <add>are clearly pland sealed</add> those of the distinguished above the net in
the scale of importance have been taken out of the hands
of Juries. But though on the part of the Judges
thus robbed , as it seemed to them, of power and far,
much no small degree of dissatisfaction was expressed every now and then, and much resistance
made, yet no traces are to be seen found of any correspondent
dissatisfaction on the part of Parliament or people.
It is indeed by prejudice only and not by experience
that any such dissatisfaction could have been excited.
For so grossly defutive was the system of substantive laws
and law of procedure open out by the Common Law Judges
or palpably repayment to the main ends of justice [[for
to fraud its protecting not its preventive or and corrective influence
was asuredly extended]] so incapable on many
accounts of keeping Society together, that through Equity
refund to bestow her assistance but at an extraordinary
price, yet that assistance in cases to a first extent too necessary to not to be
purchased, by those who were able to purchase it, at
any price.

A system of law which did not so much as profess
to make provision in relation to fraud, trust or accident!
for the protection of the honest honest if against fraud, for the enforcement
of the duties of trustees, or for the allowance of just choices grounds
of demand or defense produced by the intervention of unforeseen and perhaps oftentimes unforeseeable accident.

Identifier: | JB/035/261/001
"JB/" can not be assigned to a declared number type with value 35.



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constitutional code; evidence; procedure code

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text sheet

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d3 / e3


jeremy bentham


th 1806


Paper Producer

andre morellet


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