JB/039/197/001

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1826 July Aug. 30
Constitutional Code Copied and Copy corrected

In the Act Aº 1825 6. G. 4. Ch. 50 commonly called
Mr relative to Jury trial and commonly called Mr Secretary
Peels Act, §. 26, the mode following are the words in which the mode
of selection there appointed are is described ... "such pieces of parchment
"or card, being all as nearly as possible may be of equal
"size ... shall be delivered unto the Associate or Prothonotary of such Court by ... and shall, by
"direction and care of such Associate or Prothonotary, be
"put together in a Box to be provided for that purpose,
"and when such any such issue shall be brought in to be tried,
"such Associate or Prothonotary shall in open Court draw out twelve
"of the said Parchments or Cards one after another"....

On this occasion, what, on the part of the prime Author of this
Act and the Draughtsman respectively, was the design – whether
to continue the present practice of selection by choice – called
packing – or to substitute chance to it, – is more than I
the author of the present work can take upon him to say:
all he can what he does say is – that, if, having the Act to draw, it had
been his design to continue the reality of choice, with the
appearance of chance to serve as a viel veil to it,⊞ ⊞ the fear of being detected
by the choice
made of means so
palpably adverse
to the professed end
did not stay his
hand, –
with or any rate similar to it the wording, probably identical
with it, is that wording which he shall have employed.

If In the now House of Commons, should it any such chance happen
to contain a to it as the containing so much as a single Member; to whom the difference between packing and
non-packing were something anything different from a matter
of indifference, – a motion will be made for an amendment,
substi having for its object the substituting chance to choice.
In this case, mutatis mutandis,⊞ ⊞ unless aptitude to the professed purpose be studiously religiously avoided, the wording in the text, or
something not very dissimilar to it, may perhaps by another chance be found to
answer the purpose.

Identifier: | JB/039/197/001 "JB/" can not be assigned to a declared number type with value 39.
Date_1	1826-08-30	Marginal Summary Numbering
Box	039	Main Headings	constitutional code
Folio number	197	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"copied and copy corrected" [note in bentham's hand]]]	ID Number	12204
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