JB/057/099/001

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August 1805 6

Evidence Procedure

§§.3 Reasons
(2) (2

1. No cause is subjected in the first instance to the cognizance
of the Jury. This secures to the both parties, and extends to all causes without exception wherever they are both satisfied
with the judgment of the immediate Court, secures in its utmost
perfection the advantage of the natural mode of procedure; of the most
summary summary, the least extensive vexations and dilatory course of providing that the individual case will admitt.
If by neither party the unavoidably complicated mode of procedure
by Jury be regarded as advantageous, beneficial why resort to employ it? To resort
to it would be to substitute prejudice and bigotry to ;
to consider the arrangement the institution not as a means, but as an end.

It is only therefore when one or other of the parties is desirous
of resorting to this institution, that there can be any reason for
the employing of it.

Under the technical system Nineteen causes out of twenty are produced not by any doubt
as to in point the matter of right, or wa so much as any hopes on the
part of the Defendant of being able ultimately to elude compliance
with the demand, but by a reluctance or inability, temporary
or total ultimate on the part of the defendant, to satisfy it. In all
these cases, the intervention of a Jury is of no use whatever — so
much useless complication expence, vexation and delay. It is the
to This then is an immense breed of collateral injustice
without any the smallest advantage to direct the dir the direct ends of justice.

In this way Juries the institution would be eased of all causes in which they it is
are of no use to any body:

On the other hand it was it would give a variety of causes in which it
is may be of use to which, though as well adapted to them as to any others
to which it is applied, it is not applied in present practice. in the existing order of things.

Identifier: | JB/057/099/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1805-08	Marginal Summary Numbering
Box	057	Main Headings	evidence; procedure code
Folio number	099	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	c2 / d6 / e1
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18429
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