JB/034/054/001

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1823. Septr. 10.

Constitutional Code

102.
8. Legal responsibility,
none: i.e. punibility &
dislocability, none. Power
over the fate of the suit,
to a vast extent, absolute:
on condition of self annoyance
to a certain
extent, this power in the
hands of any one, and he
irresponsible. To the most
mischievous, no less than
the most beneficial purpose
is this power applicable.
☞ Note dislocability of
Guinea-men, by King.

103.
Effects producible by this
despotism.
1. In penali, thence in
Constitutionali, impunity
to delinquency in almost
any shape.
By co-operation, with or
without concert, on persons
liable to serve as Jurymen,
this effect producible to an
indefinite extent.
New Trial here, none.

104.
2. In civili, power not
so absolute. Here new
trial. But in large proportion,
delay, vexation
and expence prevents it,
be the ground for it
ever so good.
Necessary to obtain
Appeal to another such
Judicatory, judging on
evidence in it's best
shape, is an intermediate
one, judging on Evidence
in an inferior shape.

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105.
As between Judge and
Jury, to the power on
neither part is any adequate
bridle applied by
do. on the other.
True, when Jury have given
an unjust verdict,
Judge may and does destroy
the effect of it, otherwise
than by granting a
new trial: but then it is
without even presence of
regard to the merits, and
by means by which the
effect of a just verdict
may with equal facility,
be destroyed.
So, Jury may knowingly
give an unjust verdict:
and this the Judge can
not prevent, though by
granting new trial, if
applied for, as above, he
may apply a remedy
which, in many cases,
will not be worth the
cost.
To the power of destroying
the effect of a just
conviction, on grounds
which have nothing to do
with the merits, and
which have been manufactured
by persons subject
to his authority, the
power of the Jury applies
no bridle.

Identifier: | JB/034/054/001"JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-10	Marginal Summary Numbering	102-105
Box	034	Main Headings	constitutional code
Folio number	054	Info in main headings field	constitutional code
Image	001	Titles	quasi jury
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d11
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10328
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