★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
(4 intermediate revisions by 2 users not shown) | |||
Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<head>1828 <sic>Sept.</sic> 8<lb/>Blackstone</head> <!-- in pencil --> <p><note><sic>Ch.</sic> Judiciary [& Procedure]?</note><lb/>(3) <note>Actors & Functionaries<lb/>1 Judges<lb/>Different names</note></p> <p><note>Judge <add>but</add> one — to try all<lb/>Sorts of suit.</note></p> <p>Under Law as it ought to be, <add>sorts of</add> Judge <del>but</del> as above but<lb/>one, and that one having cognizance of all sorts of suits<lb/>Civil, Penal, Criminal, Ecclesiastical, Maritime — call these <add>the suits</add> by<lb/>these and ever so many other names, <del>the differ</del> for every<lb/>one of them were there a hundred, Judge, but ones without other<lb/> | |||
difference than that between Judge Immediate and Judge Appellate.<lb/>No suit without Appeal: no suit heard <add>judged of</add> in the first instance<lb/>by <del>the</del> <add>a</add> Judge Appellate.</p> <p><note>Except Local Headman<lb/>all others exercising the functions<lb/>of Judges are called so.</note></p> <p>On the other hand, with the single exception of the Local<lb/>Headman, whose select fragment <add>portion</add> of judicial authority, all different<lb/><del>now given to him to save <sic>journies</sic></del> <add>are allotted to him</add> for giving still greater shortening<lb/>to <del>suitors</del> journeys of suitors and witnesses, no other service<lb/>than that of Judge does Law <hi rend="underline">as it ought to be</hi> give to any<lb/>functionary by whom any function belonging to the authority of<lb/>Judge is committed. <del>It <gap/> <add>Law as it</add></del> To Law <hi rend="underline">as it is</hi> Law as it<lb/>ought to be, leave it <add>the task of</add> to muffle up the Judicial character<lb/>in disguises of which <add>whereof</add> <del>those</del> the 18 that <add>which</add> follow are but <unclear>opinions</unclear>.<lb/>☞ Here enumerate them.</p> <p><note>In a large proportion<lb/>of suits in Westminster Courts<lb/>it depends on Defendant, what<lb/>evidence shall be elicited.</note></p> <p><add>For the result of this confusion take this opinion</add><lb/>In a large proportion of the whole number of suits <del>at</del> <add>at Common Law</add> carried<lb/>on before the Superior Courts at Westminster by Return<lb/>to appropriate Order <add>if issued</add> from the House of Commons might be<lb/>seen what proportion it depends upon the Defendant whether<lb/>the evidence shall be elicited, <del>the</del> and the charge thereupon<lb/>given to the Jury, <del>with</del> <add>including the</add> the law of the case by a Chief Justice<lb/>or an Attorneys Clerk. So much for the 20 giving so much<lb/><gap/> of by Blackstone, as employed by every man on his<lb/>way to the rank of Serjeant, and from <hi rend="underline">that</hi> to that of the Judge.<hi rend="superscript">+</hi> <note> ☞ <hi rend="superscript">+</hi> Examine for correctness sake</note> </p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1828 Sept. 8
Blackstone
Ch. Judiciary [& Procedure]?
(3) Actors & Functionaries
1 Judges
Different names
Judge but one — to try all
Sorts of suit.
Under Law as it ought to be, sorts of Judge but as above but
one, and that one having cognizance of all sorts of suits
Civil, Penal, Criminal, Ecclesiastical, Maritime — call these the suits by
these and ever so many other names, the differ for every
one of them were there a hundred, Judge, but ones without other
difference than that between Judge Immediate and Judge Appellate.
No suit without Appeal: no suit heard judged of in the first instance
by the a Judge Appellate.
Except Local Headman
all others exercising the functions
of Judges are called so.
On the other hand, with the single exception of the Local
Headman, whose select fragment portion of judicial authority, all different
now given to him to save journies are allotted to him for giving still greater shortening
to suitors journeys of suitors and witnesses, no other service
than that of Judge does Law as it ought to be give to any
functionary by whom any function belonging to the authority of
Judge is committed. It Law as it To Law as it is Law as it
ought to be, leave it the task of to muffle up the Judicial character
in disguises of which whereof those the 18 that which follow are but opinions.
☞ Here enumerate them.
In a large proportion
of suits in Westminster Courts
it depends on Defendant, what
evidence shall be elicited.
For the result of this confusion take this opinion
In a large proportion of the whole number of suits at at Common Law carried
on before the Superior Courts at Westminster by Return
to appropriate Order if issued from the House of Commons might be
seen what proportion it depends upon the Defendant whether
the evidence shall be elicited, the and the charge thereupon
given to the Jury, with including the the law of the case by a Chief Justice
or an Attorneys Clerk. So much for the 20 giving so much
of by Blackstone, as employed by every man on his
way to the rank of Serjeant, and from that to that of the Judge.+ ☞ + Examine for correctness sake
Identifier: | JB/031/184/001"JB/" can not be assigned to a declared number type with value 31. |
|||
---|---|---|---|
1828-09-08 |
not numbered |
||
031 |
civil code |
||
184 |
blackstone |
||
001 |
|||
text sheet |
1 |
||
recto |
c3 |
||
jeremy bentham |
|||
9870 |
|||