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<p>9 Aug. 1805 2</p> <head>Procedure</head> <p><note> Procedure Removal<lb/> | <p>9 Aug. 1805 2</p> <head>Procedure</head> <p><note> Procedure Removal<lb/> jURy<lb/> §§.2 Rules.</note><lb/>(<del>2</del> 1</p> <!-- pencil bracket in right hand margin around the first paragraph --> <p> I begin with the non-penal branch: <!-- bracket in pencil --> [adding to it likewise <lb/>so much of the penal as <sic>admitts</sic> of no punishment beyond the<lb/> volume <add>weight</add> of the greatest <add>heaviest pecuniary</add> <sic>burthen</sic> <del>that</del> to which a man is capable<lb/>of being subjected on the score of satisfaction: viz: fine to the extent<lb/> of total forfeiture, and imprisonment unaccompanied with penal<lb/> aggravations, and limited to a term suppose of seven years</p> <p> 1. [In the first place] let all causes without exception be tried <lb/> in the first instance by the Judge without the intervention of a <lb/> Jury:</p> <p> 2. Let the <del><gap/></del> <sic>judgment</sic> of such immediate Judge be carried<lb/> provisionally into execution, <del>with</del> subject to <del>which</del> security against<lb/>irreparable damage, as in <sic>Ch.</sic> 1.</p> <p> 3. The <del>cause being set down for</del> materials of the cause, evidence <lb/>included, being all upon paper, <add>at the Court of the Judge of Appeal</add> and the cause set down for hearing<lb/>in its turn, let it depend upon the Judge of Appeal either<lb/> to pronounce his <sic>judgment</sic> <add>absolutely</add> on the <sic>judgment</sic> of the Court below, or<lb/> to state <del>the</del> a question or questions as proper to be decided upon<lb/> by a Jury, with <del>the</del> a brief intimation of the reasons why they<lb/> ought to be so respectively.</p> <p>4. The <sic>Judgment</sic> so pronounced by the Court above will be<lb/> either a pure confirmation, a pure reversal, or a modification of<lb/>the <sic>Judgment</sic> pronounced by the Court below.</p> <p>5. <del>L</del> When the Judge of Appeal has thus marked <add>thus marks</add> the cause<lb/>as proper for the <sic>cognizance</sic> of a Jury, let him be bound to<lb/> specify his reasons for so doing.</p> <p> 6. These reasons will consist in naming <add> To give these reasons he will name</add> <del>the</del> if it be testamented evidence<lb/> the evidence <add>testimony</add> of such <del>than</del> is such witness or witnesses by name<lb/> as being either of doubtful trustworthiness <add> in the character of direct evidence</add> or <del>as noth</del> in the character of<lb/> circumstantial evidence, as not sufficient to the support <add>of doubtful sufficiency in regard to the supporting</add> the inferences that<lb/>appear to have been built upon it, or as being <add>perhaps</add> outweighed by this or that<lb/> <!-- continues up the right hand side of the page --> other part of the evidence in the cause: and so in<lb/> regard to written contractual, and written casual evidence<lb/> and real evidence: this distinction being in all those <lb/> cases taken between immediate and transmitted evidence.</p> | ||
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9 Aug. 1805 2
Procedure
Procedure Removal
jURy
§§.2 Rules.
(2 1
I begin with the non-penal branch: [adding to it likewise
so much of the penal as admitts of no punishment beyond the
volume weight of the greatest heaviest pecuniary burthen that to which a man is capable
of being subjected on the score of satisfaction: viz: fine to the extent
of total forfeiture, and imprisonment unaccompanied with penal
aggravations, and limited to a term suppose of seven years
1. [In the first place] let all causes without exception be tried
in the first instance by the Judge without the intervention of a
Jury:
2. Let the judgment of such immediate Judge be carried
provisionally into execution, with subject to which security against
irreparable damage, as in Ch. 1.
3. The cause being set down for materials of the cause, evidence
included, being all upon paper, at the Court of the Judge of Appeal and the cause set down for hearing
in its turn, let it depend upon the Judge of Appeal either
to pronounce his judgment absolutely on the judgment of the Court below, or
to state the a question or questions as proper to be decided upon
by a Jury, with the a brief intimation of the reasons why they
ought to be so respectively.
4. The Judgment so pronounced by the Court above will be
either a pure confirmation, a pure reversal, or a modification of
the Judgment pronounced by the Court below.
5. L When the Judge of Appeal has thus marked thus marks the cause
as proper for the cognizance of a Jury, let him be bound to
specify his reasons for so doing.
6. These reasons will consist in naming To give these reasons he will name the if it be testamented evidence
the evidence testimony of such than is such witness or witnesses by name
as being either of doubtful trustworthiness in the character of direct evidence or as noth in the character of
circumstantial evidence, as not sufficient to the support of doubtful sufficiency in regard to the supporting the inferences that
appear to have been built upon it, or as being perhaps outweighed by this or that
other part of the evidence in the cause: and so in
regard to written contractual, and written casual evidence
and real evidence: this distinction being in all those
cases taken between immediate and transmitted evidence.
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Identifier: | JB/057/095/001"JB/" can not be assigned to a declared number type with value 57. |
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1805-08-09 |
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057 |
evidence; procedure code |
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095 |
procedure |
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001 |
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text sheet |
1 |
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recto |
d2 / e1 |
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jeremy bentham |
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18425 |
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