★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
(3 intermediate revisions by one other user not shown) | |||
Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<p>1823. Sept.<hi rend="superscript">r</hi> 4</p> | |||
<head>Constitutional Code.</head> | |||
<note>III Rationale<lb/> | |||
Ch. Quasi Jury<lb/> | |||
S 1 <unclear>Explanations</unclear> Observations<lb/> | |||
§.2. Discourse features</note><lb/> | |||
<note>66<lb/> | |||
As in a Monarchy it<lb/> | |||
could <unclear>serve fact</unclear> to be<lb/> | |||
by a <unclear>Centre</unclear> of the Monarchy <lb/> | |||
immediately or<lb/> | |||
unimmediately, are<lb/> | |||
these <del><gap/></del> supposed bridlers<lb/> | |||
of the Judge almost every<lb/> | |||
where located.</note><lb/> | |||
<p>Accordingly, it being by a single functionary that, in every case<lb/> | |||
the selection of the assessors to the Judge is made that functions<lb/> | |||
in no <del><gap/></del> almost every instance an individual treated <del>by</del><lb/> | |||
immediately or unimmediately by the Monarch</p> | |||
<p>By way of</p> | |||
<p>Against partiality in the <gap/></p> | |||
<note>67<lb/> | |||
Note the inconsistency<lb/> | |||
of the arrangement with<lb/> | |||
the principle applied<lb/> | |||
in the case of challenging<lb/> | |||
In a suit between individual<lb/> | |||
and individual<lb/> | |||
the whole body may be set<lb/> | |||
aside by the presumption<lb/> | |||
of partiality in the Locator<lb/> | |||
as inferred from<lb/> | |||
some relation of self-regarding<lb/> | |||
or sympathetic<lb/> | |||
interest<lb/> | |||
<del><gap/></del><add>Seldom</add> can the operation<lb/> | |||
of every such cause<lb/> | |||
of partiality be so<lb/> | |||
sure by produced by<lb/> | |||
any such <add>private</add> relationship<lb/> | |||
as <add>have</add> by the public relationship</note><lb/> | |||
<p>In <del>the</del> a case between individual and individual the law<lb/> | |||
made by other dependent instance <gap/> of the same all ruling functionary<lb/> | |||
given <add>in a certain case </add>to the individual on each side of the cause<add><gap/></add> the faculty of<lb/> | |||
putting an exclusion upon the whole body of those selected. This<lb/> | |||
case is that of <add>supposed</add> connection in the way of self-regarding interest or<lb/> | |||
sympathy with an individual in this - that side of the suit:<lb/> | |||
a connection <del><gap/></del> granted in circumstantial evidence in a certain<lb/> | |||
shape. The operation by which the faculty thus allowed or brought<lb/> | |||
into exercise is called challenging: and in this instance challenging<lb/> | |||
<gap/> array: is as <add>applying the objection</add> objecting to the whole body, by reason of the<lb/> | |||
situation of him by whom the <del><gap/></del><add>members</add> of it were treated <gap/><lb/> | |||
</p> | |||
<p>But in <add>scarcely in any</add> no one case between individual and individual <lb/> | |||
from the relation between the <gap/> and a party to the suit on<lb/> | |||
either side could <add>be furnishes such</add> any <del>such</del> demand <del>for such <gap/></del> superior<lb/> | |||
or equal in cogency <del>for</del> to that by which the late <unclear>exclusion</unclear> is<lb/> | |||
called for in every case in which on one side <del>the</del> an individual<lb/> | |||
and in the other a Monarch or some instrument of which<lb/> | |||
is to be found.</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
1823. Sept.r 4
Constitutional Code.
III Rationale
Ch. Quasi Jury
S 1 Explanations Observations
§.2. Discourse features
66
As in a Monarchy it
could serve fact to be
by a Centre of the Monarchy
immediately or
unimmediately, are
these supposed bridlers
of the Judge almost every
where located.
Accordingly, it being by a single functionary that, in every case
the selection of the assessors to the Judge is made that functions
in no almost every instance an individual treated by
immediately or unimmediately by the Monarch
By way of
Against partiality in the
67
Note the inconsistency
of the arrangement with
the principle applied
in the case of challenging
In a suit between individual
and individual
the whole body may be set
aside by the presumption
of partiality in the Locator
as inferred from
some relation of self-regarding
or sympathetic
interest
Seldom can the operation
of every such cause
of partiality be so
sure by produced by
any such private relationship
as have by the public relationship
In the a case between individual and individual the law
made by other dependent instance of the same all ruling functionary
given in a certain case to the individual on each side of the cause the faculty of
putting an exclusion upon the whole body of those selected. This
case is that of supposed connection in the way of self-regarding interest or
sympathy with an individual in this - that side of the suit:
a connection granted in circumstantial evidence in a certain
shape. The operation by which the faculty thus allowed or brought
into exercise is called challenging: and in this instance challenging
array: is as applying the objection objecting to the whole body, by reason of the
situation of him by whom the members of it were treated
But in scarcely in any no one case between individual and individual
from the relation between the and a party to the suit on
either side could be furnishes such any such demand for such superior
or equal in cogency for to that by which the late exclusion is
called for in every case in which on one side the an individual
and in the other a Monarch or some instrument of which
is to be found.
Identifier: | JB/034/145/001"JB/" can not be assigned to a declared number type with value 34. |
|||
---|---|---|---|
1823-09-04 |
66-67 |
||
034 |
constitutional code |
||
145 |
constitutional code |
||
001 |
|||
text sheet |
1 |
||
recto |
c2 / d19 / e2 |
||
jeremy bentham |
j whatman turkey mill 1822 |
||
admiral pavel chichagov |
|||
1822 |
|||
10419 |
|||