JB/057/101/001

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August 1805 8

Evidence Procedure

Procedure
Ch. Jury

(4) (4 §§.3 Reasons

Reasons to Art. 8. In addition to the public debate by parties
or their advocates on both sides, it will be no inconsiderable check to
arbitrary power decision on the part of a Judge, to know that notwithstanding
his decision the cause is liable to be referred to a Jury by the
opinion of two professional lawyers as here above proposed.

On the other hand unless there were some check upon the
conduct of part taken by these Opinionists, their signature would be apt to degenerate
into a vain form, having no other effect than to add to
expence vexation and delay: the signature of an Advocate lawyer
to an opinion of this sort would become what the signature of an a
Advocate lawyer to a Motion of Course has so long been in the existing
order of things.

If the business power of deciding upon the fitness of the cause for
reference to a Jury were committed to the permanent Judge (viz: the Judge
directing the procedure presiding at the hearing before the Jury) the danger would be lest by
the of some one or two of the causes that has been already
mentioned, brought to view the reference to a Jury practice of referring a causes should be too much
discouraged. When the Supposing the decision is committed, as here proposed, to the
Jury themselves, no such apprehension can reasonably be entertained.

If instead of the fees instead of being paid to the Opinionists in the
first instance, the payment of them were made to depend upon the
positive act of the Jury, certifying under the direction of the Judge
the fitness of the case in respect of its coming under their cognizance
the check would be more effectual, and still less in danger of degenerating
into a mere formality.

The number of the Advocates to whom the effect capable of receiving this sort of
references should be a limited number, purified by some sort of
selection, composed of persons who have a considerable portion of character to
lose: otherwise, nothwithstanding the check above any such check as above, lawyers men of indifferent
character or mean account might be found, ready in this way to lend sell their
signatures to every mala fide suitor who were content to purchase them.

Identifier: | JB/057/101/001 "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	101	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	c4 / d8 / e4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18431
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