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11 Feby 1808
Scotch Reform Letter on Ld Eldon's Bill
Reasons why Jury Trial en civili can not be introduced
into Scottish procedure to good advantage on
any other terms that the condition than otherwise
there without the previous homologation of the substantive
part or main body branch of the Law.
In English procedure, the use and utility of Jury
Trial, en civili depends principally upon the connection
it has with the forms of pleading: and in particular
in so far as concerns general issues – pleading the general issue –
is and the species or forms of action to
which they have reference.
By the species of actions, what in Scotch law
has been termed the demands Scotice are expressed and distinguished:
by the general issues respectively applicable
to those actions, Scotice the defenses.
Both indeed in a most wretchedly imperfect and
incongruous manner: but being in a considerable degree,
and in such manner as to cover the most common
subjects of litigation, settled by long practice; they serve for
carrying on the business in the less imperfect mode in which
it is carrie on in under English law.
Identifier: | JB/091/255/001 "JB/" can not be assigned to a declared number type with value 91.
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scotch reform |
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255 |
scotch reform letter on ld eldons bill |
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jeremy bentham |
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