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<p>"From the former" (the "fixed" judicature) may<lb/> be expected those qualifications which are preferred<lb/> and sought for in the choice of judges, and<lb/> that knowledge and readiness which result from<lb/> experience in the office. But then, as the Judge<lb/> is known before hand, he is accessible to the parties<lb/> [not so accessible as the Jurymen have<lb/> all of them been in a cause of a popular nature<lb/> that has been the talk of the country before<lb/> trial; <del>&</del> nor in any degree accessible, under<lb/> the obligation <add>imposed upon him by any oath</add> of making public all attempts<lb/> <del>to make</del> <!-- not sure whether the foregoing was deleted --> use of extrajudicial < | <p>"From the former" (the "fixed" judicature) may<lb/> be expected those qualifications which are preferred<lb/> and sought for in the choice of judges, and<lb/> that knowledge and readiness which result from<lb/> experience in the office. But then, as the Judge<lb/> is known before hand, he is accessible to the parties<lb/> [not so accessible as the Jurymen have<lb/> all of them been in a cause of a popular nature<lb/> that has been the talk of the country before<lb/> trial; <del>&</del> nor in any degree accessible, under<lb/> the obligation <add>imposed upon him by any oath</add> of making public all attempts<lb/> <del>to make</del> <!-- not sure whether the foregoing was deleted --> use of extrajudicial <sic>sollicitation</sic>] there<lb/> there exists a possibility of secret management and undue<lb/> practices: <del><unclear>now</unclear></del> scarcely under the extreme publicity<lb/> which my plan insists upon and ensures,]<lb/> especially as under the extreme facility which it<lb/> gives to appeals any such mal-practice would<lb/> be to no purpose could have no <add><unclear>no</unclear></add> tolerable prospect<lb/> of success:] or in contests between the crown and<lb/> the subject, the Judge appointed by the crown<lb/> may be suspected of partiality towards his patron:<lb/> [and with too much reason especially as the author<lb/> of preferment already existing is the source<lb/> from whence further favors may be hoped for:<lb/> but the dependency <add>against all danger of this kind</add> of any Judge on the people is<lb/> an effectual preservative:] or of entertaining inclinations | ||
< | <add>favourable</add> </p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
"From the former" (the "fixed" judicature) may
be expected those qualifications which are preferred
and sought for in the choice of judges, and
that knowledge and readiness which result from
experience in the office. But then, as the Judge
is known before hand, he is accessible to the parties
[not so accessible as the Jurymen have
all of them been in a cause of a popular nature
that has been the talk of the country before
trial; & nor in any degree accessible, under
the obligation imposed upon him by any oath of making public all attempts
to make use of extrajudicial sollicitation] there
there exists a possibility of secret management and undue
practices: now scarcely under the extreme publicity
which my plan insists upon and ensures,]
especially as under the extreme facility which it
gives to appeals any such mal-practice would
be to no purpose could have no no tolerable prospect
of success:] or in contests between the crown and
the subject, the Judge appointed by the crown
may be suspected of partiality towards his patron:
[and with too much reason especially as the author
of preferment already existing is the source
from whence further favors may be hoped for:
but the dependency against all danger of this kind of any Judge on the people is
an effectual preservative:] or of entertaining inclinations
favourable
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Identifier: | JB/035/063/002"JB/" can not be assigned to a declared number type with value 35. |
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035 |
constitutional code; evidence; procedure code |
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063 |
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002 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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10656 |
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