JB/057/100/001

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18 August 1805 7

Evidence Procedure

Procedure
Jury

(8) (3 §§.3. Reasons

Reasons to Art. 3

If the reference to a Jury were to be made absolute, at the
uncontrouled option of either party, the danger is lest it should be employed
by a party acting mala fide in mala fides for either for the mere purpose
of expense, vexation and delay, or in the hope anticipation of
obtaining a more favourable decision from a judicature in some
respects less competent.

Reasons to Art. 5

If the Judge it were left to the Judge to above to refer
the cause to a Jury without reason assigned, the danger is, lest, either
in pursuit of by a desire for popularity, or in the view of making business for his
proficient friends, and connections or merely to trouble through indolence, to
save the trouble of thinking, he should be disposed to send the very
cause in the way to a Jury as of course.

Reasons to Art. 7. If it depended were completely absolutely in the power
of the Judge of Appeal to refuse a the reference to a Jury the danger
is but a Judge either out of through partiality to the Appellee, one of the parties or
through aversion to this species of judicature, should deprive of it keep from it
of course to which it would be applicable to advantage: the
obligation of giving reasons would indeed be a considerable check,
but it might not always prove a sufficient check.

Identifier: | JB/057/100/001 "JB/" can not be assigned to a declared number type with value 57.
Date_1	1805-08-18	Marginal Summary Numbering
Box	057	Main Headings	evidence; procedure code
Folio number	100	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	c3 / d7 / e3
Penner	jeremy bentham	Watermarks	1800
Marginals		Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18430
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