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1825 Nov. 14
Constitutional Code
1o
Ch. XII. Judiciary collectively
§.16. Partialities obviated
Instructions
Anglicé
4 2 2
As to any question of any such tendency or in the user
of two questions no such questions are in any
case allowed to be put . . nothing could be more shockingly
indecorous: when any such question to it would stands exposed
to two objections each of them a peremptory one
not to answer to any such question would be a disagreeable operation:
and by the putting it would be assumed the existence of human
infirmity on the part in the breast of the functionary to whom it is put:
whereas on the part of a person in whom the King has been
pleased to locate in this situation, any such infirmity the existence of any such imperfection is altogether
improbable.
In vain would it be urged that an insinuation that decorum
would by any such question be violated, justice in cases in
which it would not by any other means be prosecuted, would be
prosecuted: injustice even in some cases be a bad thing, but
indecorum would be a still worse.
As to the other objection no men like to acknowledge
that which it is disagreeable to him to acknowledge: therefore
there is reason sufficient then why to no man any such unpleasant
invitation should in any case be given. This depends
however upon the name of the suit whereby a man would
be so called upon: if it be a penal suit be the name of
it, in no such call must be made: although the utmost
suffices which in the case in question a man could
be doomed to the loss of one shilling: if however a civil
suit be the name given to it there is neither in the
subjecting or more to the receive question nor in the exaction of an
answer to it neither any hardship as would th
the consequence of a might be the loss of property
better even to many millions of pounds: for the suit on the occasion
of which the question is asked is called a civil suit,
the question is no more than a civil question: for the suit is no
more than a civil suit
Identifier: | JB/042/373/001 "JB/" can not be assigned to a declared number type with value 42.
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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