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<!-- date, heading and marginal note in pencil --> <p>18 August 1805 7</p> <head><del>Evidence</del> Procedure</head> <p><note>Procedure <gap/><lb/> Jury</note></p> <p> <del>(8)</del> (3 <note>§§.3. Reasons</note></p> <p>Reasons to <sic>Art.</sic> 3</p> <p> If the reference to a Jury were to be made absolute, at the<lb/> <sic>uncontrouled</sic> option of either party, the danger is lest it should be employed<lb/> by a party acting <foreign>mala fide</foreign> <add> in <foreign>mala fides</foreign></add> for <add>either</add> for the mere purpose<lb/> of expense, vexation and delay, or in the hope <del>anticipation</del> of<lb/> obtaining a more favourable decision from a judicature in some<lb/>respects less competent.</p> <p>Reasons to <sic>Art.</sic> 5</p> <p>If <del>the Judge</del> it were left to the Judge <del>to</del> above to refer<lb/> the cause to a Jury without reason assigned, the danger is, lest, either<lb/> in pursuit of <add>by a desire for</add> popularity, or in the view of making business for his<lb/>proficient friends, <add> and connections</add> or <del><add>merely</add> to <gap/> trouble</del> through indolence, to<lb/> save the trouble of thinking, he should be disposed to send the very<lb/> cause <add>in the way</add> to a Jury as of course.</p> <p>Reasons to <sic>Art.</sic> 7. If it <del>depended</del> were completely <add>absolutely</add> in the power<lb/> of the Judge of Appeal to refuse a <add>the</add> reference to a Jury the danger<lb/> is but a Judge either out of <add> through</add> partiality to the <sic>Appellee,</sic> <add> one of the parties</add> or<lb/> through aversion to this species of judicature, should deprive <del>of</del> it <add> keep from it</add> <lb/> of course to which it would be applicable to advantage: the <lb/> obligation of giving reasons would indeed be a considerable check,<lb/> but it might not always prove a sufficient check.</p> | |||
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18 August 1805 7
Evidence Procedure
Procedure
Jury
(8) (3 §§.3. Reasons
Reasons to Art. 3
If the reference to a Jury were to be made absolute, at the
uncontrouled option of either party, the danger is lest it should be employed
by a party acting mala fide in mala fides for either for the mere purpose
of expense, vexation and delay, or in the hope anticipation of
obtaining a more favourable decision from a judicature in some
respects less competent.
Reasons to Art. 5
If the Judge it were left to the Judge to above to refer
the cause to a Jury without reason assigned, the danger is, lest, either
in pursuit of by a desire for popularity, or in the view of making business for his
proficient friends, and connections or merely to trouble through indolence, to
save the trouble of thinking, he should be disposed to send the very
cause in the way to a Jury as of course.
Reasons to Art. 7. If it depended were completely absolutely in the power
of the Judge of Appeal to refuse a the reference to a Jury the danger
is but a Judge either out of through partiality to the Appellee, one of the parties or
through aversion to this species of judicature, should deprive of it keep from it
of course to which it would be applicable to advantage: the
obligation of giving reasons would indeed be a considerable check,
but it might not always prove a sufficient check.
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Identifier: | JB/057/100/001"JB/" can not be assigned to a declared number type with value 57. |
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1805-08-18 |
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057 |
evidence; procedure code |
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100 |
[[info_in_main_headings_field::[evidence deleted] procedure]] |
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001 |
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text sheet |
1 |
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recto |
c3 / d7 / e3 |
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jeremy bentham |
1800 |
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1800 |
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18430 |
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