JB/035/268/001

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5 June 1808

§. 3. Third cause of the attachment of Englishmen to Jury
trial to the institution of Juries to judicature by Juries – such the a due
sense of such the utility of divers arrangements of procedure
which are connected with it only by have no necessary necessarily exclusive connection with it.

Of These, as already mentioned the principal are The faculty
of interrogation and counter interrogation afforded to the parties
as well as the Judge, and circumstance of identity as between the identity of the judicatory
by which the evidence is decided upon and
the judicatory by which the testimonial or orally delivered
part of the evidence has been collected.

Of these arrangements both of them such is the importance So important are these arrangements, both of
them, to the ends of justice, that without a system
of procedure of which they form a part, is by this circumstance
alone raised to a vast height in the scale
of utility to a vast height above any other not
possessed of the same advantage

In England, the system of procedure pursued procedure if pursued in the Equity
Courts, the Spiritual Ecclesiastical Courts and the Admiralty Courts
is compleatly destitute of both these advantages: and
this single consideration would not to speak of so many
others any one of which would also be sufficient,
is of itself would of itself be sufficient to prove that so long as the
same quantity of emolument advantage in every shape be extracted
the degree to in which the ends of justice are fulfilled
have ever been, as so long as they the fee-gathering
system reigns thereupon it is destined ever to be, in the bosoms of those in who it depends, at the best
an object the matter of profound indifference.

Identifier: | JB/035/268/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-05	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	268	Info in main headings field
Image	001	Titles
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	10861
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