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— without consent of parties a truth
long arrived at by Judges & enacted allowed by Law by 3 Geo.2.c.25.
Vide extract Wilkes v Leasees 1737 — Vide also — extract} N.B.
from State Facts in Fitz Lewis's case & in that of Simon Bishops}
V The supposed object of the 3 Geo. p.2. Money Special Juries at the desire of
either party — Vide King's Speech to Parliament 15 Aug 1730 —
have not profess of attempts to which the
of the Press — Information received about 50 years before;
and extract from Bishop Basset — & now Special Juries
established — Vide Lord Lyttleton — Dr Johnson.
VI The Mode in which this Act is drawn up avowed object of the
Act — & the mode in which it is drawn up —
1 The object as declared by Preamble to prevent Corruption in
Juries in consequence of frequent summoning of them
2. The object as collected from the enactments appear to be the
of Jurors from the — had it his so understood.
3 The enactments with respect to Special Jurymen inconsistent
with the other enactments —
4. Those enactments inconsistent with each other. sec. 15. "struck
"before the Officer of the Court" sec. 17. "struck by the Officer"
5 Sec. 6. enacts Penalties on Sheriffs for the frequent retaining
of juries — Sec 15 enacts that the Jury struck before the
Master which be the Jury retained by the Sheriff — 2. NB
these inconsistencies is Sheriff are liable to Penalties for
retaining the Jury so struck, supposing it they have
served within the time specified? — & 2 2. If Sheriff
to retain them contrary to the terms of the statute NB
to p is he guilty of Contempt of Court? —
VIII The 4 Geo. 2. c. 7 — Regulates Juries in Middx. —
VIII The 24 Geo. 2. c.18 Regulates payment to Special Jurymen — &
confines it the fees to 1 Guinea
IX The 29 Geo.2.c.19 Empowers Judges to fine Jurymen not obeying
summers summons
X This being the history & as far as I can ascertain & the Law
imputing Special Juries but as we consider how they are
hired — whether consistently with their supposed object — & whether
according to Law —
1 The object of Juries in general — a check on the Judge
a. a check on the Judge & for this purpose ought to be
independent — impartial — as much as possible unconnected
Identifier: | JB/081/013/002 "JB/" can not be assigned to a declared number type with value 81.
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1827-10-09 |
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081 |
petition for justice |
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013 |
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002 |
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collectanea |
4 |
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recto |
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c brenchley 1808 |
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earl of shelburne |
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1808 |
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[[notes_public::"9 oct. 1827 is not this lord […?] unless determined by law a […?] many years ago (say 10 or 12) to jb qsp?" [note in bentham's hand]]] |
25800 |
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