JB/050/007/001

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PROCEDURE SUMMARY III

CONSTABLE in case of his disobedience refusal to execute
power of commiting him at short hand — exstat at
Speciatim 43 El. 7.

Security
Bond a
Condition of the Security
optional

CERTIORARI taken away 7. G. 3 speculatum
1st Absolutely
2. Conditionally 3. Witness §.6. 5 G. 1. 5 § 1 nisi unless Bond be given
with for the proprietor & costs or to Surrender the
Deft
Time }
contra quod } 1 Month it.
Præstandum { Alternative ut
{supra
{ being Positive for the
{ Forfeiture & Costs
{ .

Again { Generally in all stages as in
either ( Before Conviction G.3. § (§ 9)

APPEAL from Conviction in VIEW + v. IV.

+ View not traversable
"gainsayable" said
parenthetically in I Shaw
522.

Appeal in this case seems not to have been thought
of; tho' this be the case of all others and while it is
most necessary to be admitted yet this being the proceeding
of all others the most summary, The liberty of Appeal it seems
more necessary to admitt of it in this cases.

of all cases in which
the liberty of appeal
may seem necessary
this seems to be that
in which it is most
so.

In the 1st place It is admissible or no? this is a question which the
words of the act where it treats of appeals gives
no light for deciding any farther than from
their generality, the inference from which is not always to be depended
upon.

Desideratur speciatim
in 9. An.
23 § 22.

EVIDENCE — Parties compellable examinable on Oath.

In all Trials matters merely civil (between party & party)
power might be committed to the Magistrate of
the parties may by examining the parties themselves
upon Oath not only safely but consistently
with the dispensations practise of the Law in other occasions —
As in the Court of Chancery & the
Court of Conscience.

For it will hardly be said, that a Justice of
the Peace is less competent fit to be entrusted with such
worse qualified for the exercise
of such a
power
than the an Examiner of the Court of Chancery
or a couple of Attornies dubbed Commissioners
for the occasion — still less than the Commissioners those inferior Tradesmen
of whom [the quorum of Commissioners of]
a Court of Conscience is ordinarily composed.

Nor again will it be said, that there is more less harm
in putting where the matter at stake is confined limited to a few pounds
where many thousands are at stake
in cases where it ordinarily frequently amounts to many
thousands and may amount to any still greater sum that
can be named.

This power for instance is granted under the 9. An. 23 § 22
which empowers a Justice to order satisfaction

EVIDENCE
Party's compellable

Supposing it to be admissible, in the next place
how are the proceedings to be conducted? a question
the difficulty answers to which may contribute to form a
presumption that the former question one was never
seriously proposed.

Unconcerned Witnesses there are none — the only parties necessarily present (unless
by accident) are the delinquent & the Magistrate —
Whence then can is there any account of the
transaction to come? from those parties, & from them
alone if from any. But what power is there any where
given to take this examination? then upon oath not any none
What power of compelling them to submitt to it
As little. What Law which makes such evidence
competent even if given? Not any None at all

But I have gone too far by the supposing that the
matter can ever arrive at this stage
in arguing as if it
could ever get so far
I speak hitherto upon the general principles
of Evidence: but whether or no the argument
ex necessitate rei might not here, as in
the case of an Action for the money robbed
against the County, dispense with those principles
to admitt the evidence if the party
is what I would not take upon me to

Taking away the incompetency from the party
grieved will not be sufficient for the purposes of
justice — The restoration of competency ought
to be reciprocal — which it is, by the power
of examining both.

EVIDENCE. Power of admitting accomplices
in an offence — in a Justice with
consent of the Informer — exstat nullibo
. Guard against abusive Pardons by a declaration
upon Oath on the part of the Magistrate of the Accomplices having been admitted as
defective evidenture — Tho' indeed at any rate there will be
one at least punished

PERSONA
ACCESSORIÆ innocents tutæ
viz. Accessories
ab inconsulto
—No
this won’t do for the
imputation is present
this case comes under
that of Exemption
by reason of ignorance.

Acco ACCOMPLICES innocent

INSTRUMENTS Screened+ by a protective
clause — where there was is a colour of Title
the instigator, either imputed from his apparent
or announced by his positive assurances, and as
a Tenant cutting Timber — Qu. ubi?
Desideratatur-retur and 6. G. 3. 48. Wood-cutting if
the general words, Tenants were deemed to be
composited

PROCEDURE.
SUMMARY —
Evidence.

Identifier: | JB/050/007/001"JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering
Box	050	Main Headings	procedure code
Folio number	007	Info in main headings field	procedure summary iii
Image	001	Titles
Category	text sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	15998
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