JB/034/182/001

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1823. Octr.. 18

Constitutional Code. I.Enactive Part. Ch. XVI. Quasi Jury
S.1. Field of Service

Text or Note?

Art. In the by far the greater number of the suits
which is any county will in within a given species of
place there will be little or no demand for the minister of a
Jury. This

Of the fraction ofany such adtitious and transitory here proposed fraction of a Judicatory
as in the case of that so well known by the name of a Jury
the only a use is . the serving as a check a security
against misdecision by the check it applies to the power of the
9 permanent Judges.

Of the check the expence taken in all its parts is very considerable
it is composed of the only correspondent and opposite to the collateral ends of judicaure, namely delay vexation
and pecuniary expence

This considered have consequences follow

1. One is that where in the Judgment of who have any interest in
the suit this check with its expence is needless, the expence ought
not to be incurred.

2. Audience is that needless ought it if there be in so far as
the evil of theconsisting expence is preponderant over the good consisting
in the security, neither in this case ought it to be employed,

Have a proposition which may naturally enough appear
unc at first sight is - that if all parties arewhoever in the of the
parties conceives himself satisfied within the cond to live any ground of complacent against
the conduct of the Judge experienced Judge there can be no use
whatever in clogging the operation by a multitude more or
less considerable (in English practice twelve) of unexperienced men.

If to the justice of this observation those to any thing
to oppose it must be on the ground: on some such ground as
this: namely that by reason of the relative ignorance and inexperience
of a party it may happen that that through the conduct of
the Judge has been unapt, and that to in such sort such degree as to have
been productive of misdecision to the prejudiceinjury of the parish in question
yet by reason of this own relative inaptitude it may be out of less power
to whether in that same conduct there have been or has not any
thing unapt: or else that by his timidity - by few of incurring the
resentment either of the Judge in question or of the class to of men clerk the Judge belongs belongs be may be
effectually prevented from
ascribes himself of any
such security as that in
which the
question, supposing the law
may giving him
to have given him the faculty of employing it, or lastly that the by indigence he may it may happen to have to be ably to make use of it.

Identifier: | JB/034/182/001"JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-10-18	Marginal Summary Numbering
Box	034	Main Headings	constitutional code
Folio number	182	Info in main headings field	constitutional code
Image	001	Titles	text or note?
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10456
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