JB/058/037/001

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25 April 1803
Evidence

Of suits that may be called bipartite there are two sorts.
One is where where there is no plaintiff the function of plaintiff or prosecutor is being exercised
by the same person to that of the Judge. performed by the Judge: or rather the inquiry being throughout carried on by
the Judge of his own motion, and without seeking to be
applied to to carry it on at the instance of any person in
the character of prosecutor or plaintiff. A suit of this kind
is called a Judicial Enquiry. An Inquest – an Inquisition.

The species system of prudence in so far as it is composed of suits carried on in this
mode is has been called Inquisitorial procedure: and the defendant
where there is one in modern like Inquisitors.

The mode of procedure is also called inquisitorial
where a Judge an officer or a set of officers being armed with the
requisite portion of judicial authority power carry on of their own
motion (i.e. without sollicitation by any persons in the character
of a plaintiff) an inquiry in relation to any matter of fact,
whether simple or to any degree of complexity, complex: and are without the inquiry not having for its object the conferring
upon any person any sort of obligation in the character of
defendant.

Examples. 1. English Law. Coroners Inquest Proceedings of the Coroner, with his Jury, sitting
on a dead body, to enquire into the cause of the death.
2. Proceedings of a Committee of Enquiry appointed by either of the House
of Parliament.
3. Proceedings of Commission of Enquiry, appointed in penal occasions ad hoc by Act of
Parliament.

Examples. 1. Romano-Galtic Law – Cases in which the Judge proceeds a
d'office.
2. In Romano-Germanic Law, the whole system of Inqui procedure called
Inquisitorial, which in the branch seems to bear not much less employment than the other its
concurrent, termed the accusatorial.
3. In Romano-Anglican Law.

Identifier: | JB/058/037/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-04-25	Marginal Summary Numbering	3-4, 3a, 4a
Box	058	Main Headings	evidence
Folio number	037	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18706
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