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<head>TRIAL before JUSTICES.</head><!-- just right of centre --> | <head>TRIAL before JUSTICES.</head><!-- just right of centre --> | ||
<p>A Person charged with Larcency [& Qu - <add>whether</add> of <del>< | <p>A Person charged with Larcency [& Qu - <add>whether</add> of <del>y</del><!-- the deletion looks almost looks like an 'o' before the 'y', but I think this is the deletion, not an attempt to write/alter a/the word per se --> any other crimes] Where the Punishment | ||
<lb/> | <lb/> | ||
is Imprisonment for no greater Term than the greatest <add>interval</add> between two Assizes <!-- white space --> to | is Imprisonment for no greater Term than the greatest <add>interval</add> between two Assizes <!-- white space --> to | ||
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have the option of being tried by two Justices | have the option of being tried by two Justices | ||
<lb/></p> | <lb/></p> | ||
<p>Qu? as to the choice of the Justices . — Suppose | <p>Qu? as to the choice of the Justices. — Suppose The Justice committing to be | ||
<lb/> | <lb/> | ||
one <add>who is therefore of the Prosecutor's choice</add> , & a Justice appointed by him , to be another with liberty for the accused | one <add>who is therefore of the Prosecutor's choice</add>, & a Justice appointed by him, to be another with liberty for the accused | ||
<lb/> | <lb/> | ||
to Challenge once or Qu , twice | to Challenge once or Qu, twice | ||
<lb/></p> | <lb/></p> | ||
<p>According to this plan , persons guilty of crime for which the Punishment <add>Imprisonment for</add> is no | <p><note>The more the formularies are simplified</note> According to this plan , persons guilty of crime for which the Punishment <add>Imprisonment for</add> is no | ||
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longer than as above , should not be liable to the Processions | longer than as above, should not be liable to the Processions <note>The more the <sic>expence</sic> of the Trial by Jury <del>is</del> <add>will be</add> <sic>lessen'd</sic> and the more the <del>formularies</del> <add>limits</add> <del>are simplified</del> of that <sic>expence</sic> <add><del>of that</del></add> be made known.</note> | ||
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<p>This is a provision particularly requisite as in appendage <add>concomitant</add> to that for putting | <p>This is a provision particularly requisite as in appendage <add>concomitant</add> to that for putting | ||
<lb/> | <lb/> | ||
those to <sic>labor</sic> in the first instance who being charged on Oath , cannot get | those to <sic>labor</sic> in the first instance who being charged on Oath, cannot get | ||
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Bail. | Bail. | ||
<lb/></p> | <lb/></p> | ||
<p>The Trial to be recorded in the same manner | <p><note>By that means the more <add>penal</add> prosecutions may be committed to that course of Trial And if men <add>are <gap/> <gap/></add> of Law lose in the profits to be made from each Suit <del>th</del>or the other they will gain from the increase of the number.</note> The Trial to be recorded in the same manner <add><!-- foreign checked: http://en.wikipedia.org/wiki/Mutatis_mutandis --><foreign>mutatis mutandis</foreign></add> as where in Court before a | ||
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Jury. By the filling up of the same Blank forms with these additional | |||
<lb/> | |||
circumstances <sic>exprest</sic> | |||
<lb/></p> | |||
<!-- horizontal line, or fold in page ? Have treated as the former, so page break added --> | |||
<pb/> | |||
<p>1<hi rend='superscript'>st</hi> The appearance of the Prosecutor on the — - - day of — — — | |||
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<!-- indent to below the above line (start of main sentence) -->His Oath — The name of the Prisoner or his refusal to declare it. | |||
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<p>2. The Prisoner's request to be tried <foreign>instanter</foreign> by the Justice <!-- foreign checked: http://www.google.co.uk/search?q=coram+quem&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-GB:official&client=firefox-a --><foreign>coram quem</foreign> & one | |||
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<!-- indent to start of main sentence above -->of his appointment | |||
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<p>3<hi rend='superscript'>dy</hi> The appointment of another by the Justice <foreign>coram quem</foreign> — the Prisoner's | |||
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assent — or his challenge and the consequent appointment of another. <note>Unless the penalty be considerable where the subject is responsible it is a rare thing <add>by reason of the <sic>expence</sic></add> to establish it at all if it be to be recorded only by way of Action: as it is <del>by</del> where the subject is not responsible , by reason of the trouble. v. to this effect . Pream<!-- preamble ? -->: of 1<hi rend='superscript'><gap/></hi> &<unclear>c</unclear>. 27. & . 7. &. 1<!-- white space --> 11.<!-- symbol -->8.</note> | |||
<lb/></p> | <lb/></p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
TRIAL before JUSTICES.
A Person charged with Larcency [& Qu - whether of y any other crimes] Where the Punishment
is Imprisonment for no greater Term than the greatest interval between two Assizes to
have the option of being tried by two Justices
Qu? as to the choice of the Justices. — Suppose The Justice committing to be
one who is therefore of the Prosecutor's choice, & a Justice appointed by him, to be another with liberty for the accused
to Challenge once or Qu, twice
The more the formularies are simplified According to this plan , persons guilty of crime for which the Punishment Imprisonment for is no
longer than as above, should not be liable to the Processions The more the expence of the Trial by Jury is will be lessen'd and the more the formularies limits are simplified of that expence of that be made known.
This is a provision particularly requisite as in appendage concomitant to that for putting
those to labor in the first instance who being charged on Oath, cannot get
Bail.
By that means the more penal prosecutions may be committed to that course of Trial And if men are of Law lose in the profits to be made from each Suit thor the other they will gain from the increase of the number. The Trial to be recorded in the same manner mutatis mutandis as where in Court before a
Jury. By the filling up of the same Blank forms with these additional
circumstances exprest
---page break---
1st The appearance of the Prosecutor on the — - - day of — — —
His Oath — The name of the Prisoner or his refusal to declare it.
2. The Prisoner's request to be tried instanter by the Justice coram quem & one
of his appointment
3dy The appointment of another by the Justice coram quem — the Prisoner's
assent — or his challenge and the consequent appointment of another. Unless the penalty be considerable where the subject is responsible it is a rare thing by reason of the expence to establish it at all if it be to be recorded only by way of Action: as it is by where the subject is not responsible , by reason of the trouble. v. to this effect . Pream: of 1 &c. 27. & . 7. &. 1 11.8.
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Identifier: | JB/050/151/001"JB/" can not be assigned to a declared number type with value 50. |
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050 |
procedure code |
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151 |
trial before justices |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::j honig & zoonen [lion with vryheyt motif]]] |
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cc1 |
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16142 |
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