JB/091/210/001

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14 Feby 1808

3. The case where the judicatory from whom the reference is
made to the 12 Judges is the Old Bailey judicatory, presents
a trifling difference, but so trifling as to be hardly worth noting
in this view. Instead of one of the 12 Judges, it may happen
to the a cause to have had two present at the trial:
both it may also happen to it not to have had one: but
to have the Recorder of London being the only learned
Judge present, in addition to the unlearned ones, sitting
the worthy Alderman, who in general sitting commonly with as little disturbance to their private
meditations, as is experienced by the Chairman of Committees
or the Bishop in the judicatory of the House of Lords.

4. From the Justices of Peace sitting in a Court of
Session or Nisi Prius – a judicatory composed of 12 occasional and
unlearned Judges sitting in the Jury Box, under the direction
of one learned one sitting on the Bench this a case is now
and then refer sent off without decision, the decision being
sent back to the four-seated Westminster Hall judicatory or from whence it
came. But here too the facts are already predetermined:
the question narrowed to a point, and that point a point of
law, cleared from the question of fact. And here too to this
case the same reason applies as before, viz. want of
time.

5. From the judicatory composed of the Justices of the
Peace for a County sitting in General Sessions, cases are
now and then sent up for decision to the King's Bench. Reasons
for the reference. 1. Want of time, as above before: comparative inferiority
in respect of technical learning: to which may be added, though
as it should seem probably little needed – avoidance of that want of ununiformity
and diversity of decision which might be the result of questions of
difficulty and importance were
decisions of a nature
to serve as precedents
were left to be pronounced by
thirty or forty co-ordinate
judicatories without the
instead of one single superordinate one.

Identifier: | JB/091/210/001 "JB/" can not be assigned to a declared number type with value 91.
Date_1	1808-02-14	Marginal Summary Numbering	8-10
Box	091	Main Headings	scotch reform
Folio number	210	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e5
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	29206
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