JB/057/055/001

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Evidence Procedure

4 June 1804

Ch Forum
§§ Venue
(3

1. The County in which the land lay: viz: the land or other article
of immoveable property which is comprehending the matter in dispute. Assigned Reason.
the facts in the case would be so much the better understood by the Jury.

This reason is in most cases radically bad, and in all cases inconclusive.

1 It is bad by confounding the provinces functions of the witness and the
juryman. The Juryman, in his quality of judge, irresponsible judge,
debating and deciding in secret, is exempt from cross-examination. A
Judge is fit for his function no further than as he is impartial: the tendency
of a witness is such as to be partial, and the tendency of English
law in all its arrangements is to increase the ratio of partial to
impartial witnesses in a variety of ways.

of This policy, which is very sentient, the influence extends to
a multitude of occasions besides this. It is seems now pretty generally
understood that the capacity of delay for that matter there sort of ; which would enable a man to all in the character of a witness,
a Juryman is all the course, and that, neither directly nor
indirectly ought should the J functions of Judge especially Jurymen and witness ought
be ever confounded, united in the same person if the union can possibly be avoided.

Identifier: | JB/057/055/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-06-04	Marginal Summary Numbering
Box	057	Main Headings	evidence; procedure code
Folio number	055	Info in main headings field	procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18385
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