JB/057/096/001

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9 August 1805 3

Evidence Procedure

Procedure
Ch. Jury

(2 §§.2. Rules

7. If the Judge of Appeal should not think fit to certify any such
points as proper for the cognizance of a Jury, let the causes
be referred to a Jury notwithstanding, if within a limited
time the appellant shall have procured a like certificate
from two Advocates of a certain standing and description in other
respects.

8. Let the fees given by the Appellant to such opinionists be
marked upon the back of the case: as stand under the existing system) and should the party let it be referred of course to
to whom the cause is referred in consequence, to say whether the
cause was not in their opinion proper on the grounds specified
to be referred to a Jury: and if not let the Advocates be bound
to refund their fees: and let Tables of such opinions be publicly
published shewing the names of the Opinionists, and
in each case whether the opinion request was confirmed or disallowed
by the Jury as above.

9. When in either way of the above ways the cause has been
determined to be proper for the cognizance of a Jury, let it be remitted
by the Judge of the Court above, to be tried, in of in regular course
in the Judicial District of the Court below: and the Jury in that case either by the to be under the direction
Judge a quo, or of some other fit person to be named for that
purpose by the Judge of the Court above.

10. Power to the Judge above Instead of the regularly competent district to send the cause to be tried
regard being had on the one hand to the danger of partiality, on
the other to the expense, vexation and delay in respect of the distance
of the abode of witnesses, to send the cause to be tried either by
a Jury, nominated in taken from in and from some adjoining district, or by a Jury
nominated in taken in and from the metropolis.

12. Unless Within the District in which the cause was decided by the Judge a quo is [not] at a colonial
distance from the Metropolis

11. Power to the party requiring a Jury to have the cause
tried by a Jury of the metropolis, on advancing the money requisite
to defray the costs of obtaining the attendance of the witnesses. (a) (a) N.B. The witnesses and
being all known by the
record of the proceedings in the
Court below, that sum will always be a definite sum, the amount of it known beforehand.

Identifier: | JB/057/096/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1805-08-09	Marginal Summary Numbering
Box	057	Main Headings	evidence; procedure code
Folio number	096	Info in main headings field	[[info_in_main_headings_field::[evidence deleted] procedure]]
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e2
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18426
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