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<head>2<lb/> Words — New plan</head> | <head>2<lb/> Words — New plan</head> | ||
<p>a <del>part</del> special Jury at his own expence, or, at the expence of him who faults, if the <add>Judge</add><lb/> should certify that <add>the</add> cause <del>to</del> requires it — that if the Jury be a common one, there <add>be</add> the <lb/>same power of <add>mutual</add> recusation <del>takes place</del> <add>is given in</add> the striking of a Special Jury. The<lb/> | <p>a <del>part</del> special Jury at his own expence, or, at the expence of him who faults, if the <add>Judge</add><lb/> should certify that <add>the</add> cause <del>to</del> requires it — that if the Jury be a common one, there <add>be</add> the <lb/>same power of <add>mutual</add> recusation <del>takes place</del> <add>is given in</add> the striking of a Special Jury — <lb/>by mutual consent and not otherwise. <note>In this he will be governed & for what else should there be to govern him? by the rank of the parties: where that is unequal, perhaps it might not be amiss to have a mixed Jury of half common & half special — in analogy to that <add>kind of half <gap/></add> Judge which an alien has a right to have <sic>stiled</sic> in the Law a Jury <foreign>de medietate lingua</foreign> It is this public exposure of their weakness, that often forms the worst part of the mutual sufferings of the parties: but if all the worry has been on the side of <del>there is no harm</del> in his <del>being exposed alone</del> <add><gap/> <gap/> at</add> in part of punishment, and must be taken into the account. </note> The <add>Judge may be bound</add> Court be cleared of all strangers — that <lb/>if a Magistrate in the execution of his office be a party <del>req</del> the <del>Court</del> Judges <add>have</add><lb/> a power of inflicting a censure <add>for the sake of public Justice</add> over and above the <del><gap/></del> compensation awarded <add>to</add> <lb/>them by the Jury. That they <add>both Court &</add> Jury have <del>" fo</del> this power against either <unclear>party</unclear> and that the Costs be divisible by the Jury into aliquot parts <del>of the whole</del> <lb/>instead of giving the whole or nothing.</p> | ||
<head>Words — New plan.</head> | |||
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2
Words — New plan
a part special Jury at his own expence, or, at the expence of him who faults, if the Judge
should certify that the cause to requires it — that if the Jury be a common one, there be the
same power of mutual recusation takes place is given in the striking of a Special Jury —
by mutual consent and not otherwise. In this he will be governed & for what else should there be to govern him? by the rank of the parties: where that is unequal, perhaps it might not be amiss to have a mixed Jury of half common & half special — in analogy to that kind of half Judge which an alien has a right to have stiled in the Law a Jury de medietate lingua It is this public exposure of their weakness, that often forms the worst part of the mutual sufferings of the parties: but if all the worry has been on the side of there is no harm in his being exposed alone at in part of punishment, and must be taken into the account. The Judge may be bound Court be cleared of all strangers — that
if a Magistrate in the execution of his office be a party req the Court Judges have
a power of inflicting a censure for the sake of public Justice over and above the compensation awarded to
them by the Jury. That they both Court & Jury have " fo this power against either party and that the Costs be divisible by the Jury into aliquot parts of the whole
instead of giving the whole or nothing.
Words — New plan.
Identifier: | JB/070/193/001"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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193 |
words new plan |
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001 |
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text sheet |
1 |
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recto |
c2 |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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23308 |
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