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<p>Constitutional Code.</p> | <p>Constitutional Code.</p> | ||
<note> | <note><!-- Marginal note in pencil --> Rationale<lb/> | ||
Ch. Quasi Jury<lb/> | Ch. Quasi Jury<lb/> | ||
19 <gap/> <gap/> the whole field</note><lb/> | 19 <gap/> <gap/> the whole field</note><lb/> | ||
<note> | <note><!-- Marginal note in pencil --><lb/> | ||
5 Lem<gap/> applied in<lb/> | 5 Lem<gap/> applied in<lb/> | ||
English Law no <gap/><lb/> | English Law no <gap/><lb/> | ||
ground <gap/> with<lb/> | ground he<gap/>ble thing with<lb/> | ||
debility.</note><lb/> | debility.</note><lb/> | ||
<p>3. With reality of the dinners <add>for the authority for the chamber of a check</add> in respect of ability no < | |||
<add>< | <p>3. With reality of the dinners <add>for the authority for the chamber of a check</add> in respect of ability no <unclear>amount</unclear><lb/> | ||
<add><unclear>upon</unclear> that of the Judge has connection</add><del><gap/></del> whatsoever <gap/> the <gap/> which in English law have been<lb/> | |||
<note>6<lb/> | set to it <add>with</add> in the non-penal, is in the penal department.</p> | ||
<note><!-- Marginal note in pencil -->6<lb/> | |||
6.1. In non-penali<lb/> | 6.1. In non-penali<lb/> | ||
By itself, far <add>short of being</add> <del>from</del> coextinual<lb/> | By itself, far <add>short of being</add> <del>from</del> coextinual<lb/> | ||
Line 26: | Line 28: | ||
form of procedure into<lb/> | form of procedure into<lb/> | ||
which Jury <add>the power of a</add> <del><gap/></del> is inserted</note><lb/> | which Jury <add>the power of a</add> <del><gap/></del> is inserted</note><lb/> | ||
<p>First as to the non-penal department.</p> | <p>First as to the non-penal department.</p> | ||
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extent inadequate <add>with reference to</add> <del>to the <gap/></del> the ends of justice. <del>If</del> Had<lb/> | extent inadequate <add>with reference to</add> <del>to the <gap/></del> the ends of justice. <del>If</del> Had<lb/> | ||
not recourse been had to other forms, <add>security could society have</add> society could <del>be</del> not have<lb/> | not recourse been had to other forms, <add>security could society have</add> society could <del>be</del> not have<lb/> | ||
been kept together by it. Of its | been kept together by it. Of its deficiencies <add>say they like</add><del>a</del> full test and <lb/> | ||
deli<gap/> would | deli<gap/> would require much more space than can here be spared</p> | ||
<note>7. For any thing approaching<lb/> | <note><!-- Marginal note in pencil -->7. For any thing approaching<lb/> | ||
to a compleat chart of <lb/> | to a compleat chart of <lb/> | ||
the deficiency <add>nothing more </add> <del>this design</del><lb/> | the deficiency <add>nothing more </add> <del>this design</del><lb/> | ||
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<p>For an example <add>exemplification</add> of those two principal ones will suffice</p> | <p>For an example <add>exemplification</add> of those two principal ones will suffice</p> | ||
<note>8<lb/> | <note><!-- Marginal note in pencil -->8<lb/> | ||
8. Utterly inapplicable<lb/> | 8. Utterly inapplicable<lb/> | ||
is this mode when the<lb/> | is this mode when the<lb/> | ||
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<p>1. <del>This</del><lb/> | <p>1. <del>This</del><lb/> | ||
One is. its <del><gap/></del> | One is. its <del><gap/></del> utter inappliability to causes<add>cases</add> <del>of</del> the texture<lb/> | ||
of which is to a certain degree | of which is to a certain degree complex. Take for example Settlement<lb/> | ||
of long and mutual Accounts. 2. distribution | of long and mutual Accounts. 2. distribution of a mass of<lb/> | ||
property left vacant by death: 3 <del>Dist</del> In case of insolvency<lb/> | property left vacant by death: 3 <del>Dist</del> In case of insolvency<lb/> | ||
distribution of the estate of the insolvent among the Creditors.</p> | distribution of the estate of the insolvent among the Creditors.</p> | ||
—<lb/> | —<lb/> | ||
<note>Fresh Start 9<lb/> | <note><!-- Marginal note in pencil -->Fresh Start 9<lb/> | ||
(Note)?<lb/> | (Note)?<lb/> | ||
9. Causes the earliness<lb/> | 9. Causes the earliness<lb/> | ||
them | them <unclear>costiness</unclear> and<lb/> | ||
readiness of the law<lb/> | |||
where no such complication<lb/> | where no such complication<lb/> | ||
of interest as<lb/> | of interest as<lb/> | ||
Line 68: | Line 71: | ||
Contemplation Table.]<lb/> | Contemplation Table.]<lb/> | ||
<gap/> To d.l. The remainder<lb/> | <gap/> To d.l. The remainder<lb/> | ||
must be | must be brought<lb/> | ||
into one Sheet</note><lb/> | into one Sheet</note><lb/> | ||
<p>Note <hi rend="superscript">(a)</hi></p> | <p><!-- In pencil -->Note <hi rend="superscript">(a)</hi></p> | ||
<p><del>The | <p><del>The case</del> If the cause of this deficiency be behind for it will<lb/> | ||
be found in the | be found in the costiness and consequent <add>scantiness</add> compleatly and rediness of<lb/> | ||
the time in which <del>this</del> the species of judicatory of which this Committee<lb/> | the time in which <del>this</del> the species of judicatory of which this Committee<lb/> | ||
of the Public at large forms a part. <del>For</del><add><gap/></add> these leave<lb/> | of the Public at large forms a part. <del>For</del><add><gap/></add> these leave<lb/> | ||
no such complication of interests as is | no such complication of interests as is now so abundantly exemplified<lb/> | ||
had place any where. For the natural cases <gap/> complexedly<lb/> | had place any where. For the natural cases <gap/> complexedly<lb/> | ||
in judicial cases see the annexed Table</p> | in judicial cases see the annexed Table</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1823. August 30
Constitutional Code.
Rationale
Ch. Quasi Jury
19 the whole field
5 Lem applied in
English Law no
ground heble thing with
debility.
3. With reality of the dinners for the authority for the chamber of a check in respect of ability no amount
upon that of the Judge has connection whatsoever the which in English law have been
set to it with in the non-penal, is in the penal department.
6
6.1. In non-penali
By itself, far short of being from coextinual
with the demand
made by the ends of justice
is the extent of the
form of procedure into
which Jury the power of a is inserted
First as to the non-penal department.
Taken by itself the system of procedure inof which
Jury trial as an ingredient is effectually made for and to a vast
extent inadequate with reference to to the the ends of justice. If Had
not recourse been had to other forms, security could society have society could be not have
been kept together by it. Of its deficiencies say they likea full test and
deli would require much more space than can here be spared
7. For any thing approaching
to a compleat chart of
the deficiency nothing more this design
than a few examples can this can not afford
design afford space
For an example exemplification of those two principal ones will suffice
8
8. Utterly inapplicable
is this mode when the
sent is to a certain degree
complex. Examples
1. Distribution of property
on death
2. do on Insolvency
—
1. This
One is. its utter inappliability to causescases of the texture
of which is to a certain degree complex. Take for example Settlement
of long and mutual Accounts. 2. distribution of a mass of
property left vacant by death: 3 Dist In case of insolvency
distribution of the estate of the insolvent among the Creditors.
—
Fresh Start 9
(Note)?
9. Causes the earliness
them costiness and
readiness of the law
where no such complication
of interest as
such. [Per Delay and
Contemplation Table.]
To d.l. The remainder
must be brought
into one Sheet
Note (a)
The case If the cause of this deficiency be behind for it will
be found in the costiness and consequent scantiness compleatly and rediness of
the time in which this the species of judicatory of which this Committee
of the Public at large forms a part. For these leave
no such complication of interests as is now so abundantly exemplified
had place any where. For the natural cases complexedly
in judicial cases see the annexed Table
Identifier: | JB/034/133/001"JB/" can not be assigned to a declared number type with value 34. |
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constitutional code |
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constitutional code |
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jeremy bentham |
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