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<p>1823. Sept<hi rend="superscript">r.</hi> 10.<lb/> | |||
' | <head>Constitutional Code.</head></p> | ||
<p>110.<lb/> | |||
10. Scanty application of<lb/> | |||
Jury trial in the field<lb/> | |||
of judicature.<lb/> | |||
11. D<hi rend="superscript">o.</hi> in d<hi rend="superscript">o.</hi> of each suit.<lb/> | |||
Here, range of Quasy Jury<lb/> | |||
co-extensive, directly or<lb/> | |||
virtually, with d<hi rend="superscript">o.</hi> of the<lb/> | |||
Judge.</p> | |||
<p>111.<lb/> | |||
Reason. Bridle to power<lb/> | |||
if needful in any one<lb/> | |||
part, so in every other.<lb/> | |||
Unbridled in one part,<lb/> | |||
it may frustrate the effect<lb/> | |||
of the bridle as to<lb/> | |||
the whole.<lb/> | |||
But the Jury having to<lb/> | |||
a certain extent (see<lb/> | |||
below,) an absolute power<lb/> | |||
over the result of the<lb/> | |||
suit, bridling d<hi rend="superscript">o.</hi> of the<lb/> | |||
Judge is not the whole<lb/> | |||
use made of it.</p> | |||
<p>112.<lb/> | |||
Anglicé, in conjunction<lb/> | |||
with a party, a Judge<lb/> | |||
may, for indefinite<lb/> | |||
time, keep a suit out<lb/> | |||
of Jury's hands: and<lb/> | |||
after verdict, nullify<lb/> | |||
it on grounds avowedly<lb/> | |||
foreign to the merits.</p> | |||
<p>113.<lb/> | |||
In Judges, this<lb/> | |||
scantiness in the field<lb/> | |||
of judicature has never<lb/> | |||
been matter of choice,<lb/> | |||
always of necessity, ulterior<lb/> | |||
extension being<lb/> | |||
stopt by the power of<lb/> | |||
the Rome-bred Judicatories.</p> | |||
<pb/> | |||
<p>114.<lb/> | |||
The collateral evil in<lb/> | |||
which Juries bear a<lb/> | |||
part, may be divided<lb/> | |||
into that of which they<lb/> | |||
are unwilling instruments,<lb/> | |||
and that of<lb/> | |||
which they are victims:<lb/> | |||
as to the <hi rend="underline">last</hi>, see above.</p> | |||
<p>115.<lb/> | |||
Enhanced is the evil<lb/> | |||
they are victims of,<lb/> | |||
compared with Quasi<lb/> | |||
Jurors, by magnitude<lb/> | |||
of the districts. Of the<lb/> | |||
numerousness of the<lb/> | |||
Quasi-Jury Judicatories,<lb/> | |||
the expence is<lb/> | |||
lessened by the principle<lb/> | |||
which excludes all<lb/> | |||
others within their<lb/> | |||
districts.</p> | |||
<p>116. | |||
In vexation by forced<lb/> | |||
attendance is included<lb/> | |||
d<hi rend="superscript">o.</hi> expence: particularly<lb/> | |||
if the conditions in<lb/> | |||
life of the greater number<lb/> | |||
be considered.<lb/> | |||
Not compensated, the<lb/> | |||
burthen on the individuals<lb/> | |||
would be intolerable:<lb/> | |||
requiring advance<lb/> | |||
where none can be<lb/> | |||
made: compensated,<lb/> | |||
to the public it must<lb/> | |||
be considerable. Minimum<lb/> | |||
of necessary allowance,<lb/> | |||
say double the<lb/> | |||
pay of the least paid<lb/> | |||
class: half for the Quasi-Juror<lb/> | |||
abroad: half<lb/> | |||
for his dependents at<lb/> | |||
home.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1823. Septr. 10.
Constitutional Code.
110.
10. Scanty application of
Jury trial in the field
of judicature.
11. Do. in do. of each suit.
Here, range of Quasy Jury
co-extensive, directly or
virtually, with do. of the
Judge.
111.
Reason. Bridle to power
if needful in any one
part, so in every other.
Unbridled in one part,
it may frustrate the effect
of the bridle as to
the whole.
But the Jury having to
a certain extent (see
below,) an absolute power
over the result of the
suit, bridling do. of the
Judge is not the whole
use made of it.
112.
Anglicé, in conjunction
with a party, a Judge
may, for indefinite
time, keep a suit out
of Jury's hands: and
after verdict, nullify
it on grounds avowedly
foreign to the merits.
113.
In Judges, this
scantiness in the field
of judicature has never
been matter of choice,
always of necessity, ulterior
extension being
stopt by the power of
the Rome-bred Judicatories.
---page break---
114.
The collateral evil in
which Juries bear a
part, may be divided
into that of which they
are unwilling instruments,
and that of
which they are victims:
as to the last, see above.
115.
Enhanced is the evil
they are victims of,
compared with Quasi
Jurors, by magnitude
of the districts. Of the
numerousness of the
Quasi-Jury Judicatories,
the expence is
lessened by the principle
which excludes all
others within their
districts.
116.
In vexation by forced
attendance is included
do. expence: particularly
if the conditions in
life of the greater number
be considered.
Not compensated, the
burthen on the individuals
would be intolerable:
requiring advance
where none can be
made: compensated,
to the public it must
be considerable. Minimum
of necessary allowance,
say double the
pay of the least paid
class: half for the Quasi-Juror
abroad: half
for his dependents at
home.
|
Identifier: | JB/034/056/001"JB/" can not be assigned to a declared number type with value 34. |
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1823-09-10 |
110-116 |
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034 |
constitutional code |
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056 |
constitutional code |
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001 |
quasi jury |
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marginal summary sheet |
2 |
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|
recto |
d13 / e3 |
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|
john flowerdew colls |
j whatman turkey mill 1822 |
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|
admiral pavel chichagov |
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1822 |
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10330 |
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