JB/035/285/001

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8 June 1808

2. Again in speaking of the several features of
imperfection stiled by him defects and wants, and
indicated by him as still existing in the Jury trial system
and as being still , though such that the removal of them, though as yet unperformed
would if performed by sufficient to bring raise it if not
to the very pinnacle of perfection, to a level little short
of that point, he speaks of them as if they a mode of
procedure clear of those defects, were not to be found
any other system than that of Equity, which though
in a less degree tinctured with those defects, is loaded
with others so many others, that that to a degree so much
more serious.

But of those defects wants there is not one but what is be which the specific
remedy is not already applied either actually supplied under the system of natural procedure
or at any rate might be, and with the greatest case, and
in a maxim much more commodious that it either is
in Equity procedure or could be under Jury trial procedure
at common law.

1. That Speaking of the oath testimony of the parties a party
extracted by interrogatories propounded to him in the
part of the his adversary, he obse represents states it most justly,
(this Common Law lawyer, for such alone he was) as the height of judicial absurdity that the same
set of Judges, after sitting no Equity Judges should one day Common Law one day as
on the Monday as Equity Judges and admitting
of such evidence so extracted, should on the Friday, sitting
as Common Law Judges, "be bound by law to reject
such a species of evidence, if attempted in a trial
at bar, he means should refuse to permitt the
attempt to extract it, in a trial at bar.

Identifier: | JB/035/285/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-08	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	285	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e5
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10878
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