JB/058/408/001

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31 Jany 1805
Evidence

One point however there is in which this modification of summary procedure
does deviate has been found to deviate from the line of perfection,
and which does belong to the present head. It is pregnant
with instruction, to any eye that can endure to look at it.
Here too the cause of the aberration is to be found, plainly and
exclusively to be found in the baneful influence of regular technical
procedure.

Among the securities against falshood and misdecision
that which is afforded by the registration of the evidence has
been noticed in its place. But of this operation what were
the uses? One main use was the keeping the confining each subordinate
judge within the scale of duty by the apprehension of the censure
from the superintending eye of a superior in office. In the arrangement thus
proposed thus held up to view in the character of a proper
one, two things were necessarily though tacitly supposed: that a system course line of
procedure to be observed conformed to by the subordinate had been chalked
out for him; and that that course was a rational one, adapted
to the several direct and collateral ends of justice. Unfortunately in English
law neither of these conditions has ever been fulfilled. By
making of laws there is nothing at all to get, at least by
lawyers: by punishing as for the breach of laws, where laws are
suppsed to have been broken though never were ever made never as yet been made, there
is a great deal to be got, and to be got by lawyers. When
guided by the light of natural justice an unpaid Judge a Country gentleman,
acting with the purest intentions in the character of Justice of
peace, in execution of the law some branch of the substantive committed to his charge, had
decided accordingly, entering upon paper and thus making known to
all who chose to know, the grounds of his decision in respect of fact
as

Identifier: | JB/058/408/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-01-31	Marginal Summary Numbering
Box	058	Main Headings	evidence
Folio number	408	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d5 / e2
Penner	jeremy bentham	Watermarks	cw 1799
Marginals		Paper Producer	c. abbit lees
Corrections		Paper Produced in Year	1799
Notes public		ID Number	19077
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