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8) Personal Injuries. Inserenda.

Errors Strictures — Mayhem. in his own cause. Now the cause when [the prosecution
is] carried on in the way of action is said to be the
Prosecutor's own cause. When [an injury left permanent
marks behind it] a person man was maimed, there
was a way better than any other of letting it understanding
be seen what mischief had been done him, and that
was by looking at the man himself, and this way
the a Jury could not take: for them to take it, the
man must have been produced to them in evidence:
and no man can be evidence in his own cause.
The maxim then seems to have been the reason why
that which seemed so proper to be done by somebody
could not be done by the Jury. There was another
reason why it might be done by the Judges.
In some few instances Where the fact meaning the a fact that was could of itself be decisive of a cause for of a number multitude of incidental facts in every cause the Court are and always must have been Judges that was to in question could at once be made cognizable
to the sense of those who were to judge of it, it had
been the practise to submitt it at once to the Judges
of the Court. This is known to have been the case
in the instance of what is called Trial by Record, where the existence
of such a a certain Record is the fact in question;
Trial by witnesses, as it is called when the question was is whether
those witnesses themselves have done a certain thing
viz: summoned a man on a certain occasion to make his appearance:
or whether a certain person be alive or no: [Trial by the Almanac Qu] Trial by Inspection
when the question was whether a person is of a
certain age or no. This then was only adding one
to the number of those instances: in which in which a lone in which accident or the salutary jealousy of the Law had pern originally left the determination of matters of fact to st permanent & standing Judges and one which seemed as
proper to be of the number as any other. When a
man was produ exhibited before a C and judgment the fact to be given pronounced [To 13 p.]

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Identifier: | JB/072/130/004
"JB/" can not be assigned to a declared number type with value 72.


Marginal Summary Numbering

not numbered



Main Headings

penal code

Folio number


Info in main headings field

personal injuries





text sheet

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Page Numbering

e5 / e6 / e7 / e8


jeremy bentham


[[watermarks::[gr with crown motif] pro patria [with motif]]]


jeremy bentham

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