★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| Line 2: | Line 2: | ||
'''[{{fullurl:JB/050/095/001|action=edit}} Click Here To Edit]''' | '''[{{fullurl:JB/050/095/001|action=edit}} Click Here To Edit]''' | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<head>PROCEDURE INFORMATION</head> | <head>PROCEDURE INFORMATION</head> | ||
<p>My quarrel with Informations is not, because case certain<lb/> | |||
persons have happened to be prosecuted <add>according to this mode</add> in this manner,<lb/> | |||
whereas, as many <add>some</add> have thought ought not<lb/> | |||
to have been prosecuted at all, nor because L<hi rend="superscript">d</hi><lb/> | |||
Ch. J. Holt <add>once about 60 years</add> said (supposing that <add>it's true he said so</add> he did say it) that<lb/> | |||
if it were to be questioned it would <add>never not / never be neglected</add> stands it's ground.</p> | |||
<note>after it had been seen<lb/> | |||
..... in continual<lb/> | |||
& unquestioned<lb/> | |||
practise.</note> | |||
<p>My objections to it are <add>neither more nor less than those</add> that it is under any form<lb/> | |||
of it's institution it is singularly <del>well</del> <add>ill</add> adapted<lb/> | |||
to the investigation <add>production / discovery</add> of truth, singularly well adapted<lb/> | |||
to the generation of Perjury & to the involving<lb/> | |||
of both innocent & guilty in one common tutelage.</p> | |||
<note>That there is nothing<lb/> | |||
more to be found in it<lb/> | |||
(except the attribute of<lb/> | |||
I know not what<lb/> | |||
'<hi rend="underline">Solemnity</hi>' with which<lb/> | |||
it is <gap/> but<lb/> | |||
what <add>may</add> equally be<lb/> | |||
had <del>nay who else</del> <add>in that it.</add></note> | |||
<pb/> | |||
<p>If it should be thought too much, that a person<lb/> | |||
should be put to defend himself & incur the expence<lb/> | |||
of providing witnesses <gap/>,<lb/> | |||
Council &. in the first instance, when there<lb/> | |||
may be no probably ground, let the Information<lb/> | |||
proceed <foreign>ex parte</foreign> only in the 1<add>st</add> instant<lb/> | |||
as before the Grand Jury.</p> | |||
<p>Observe that this objection <add>if just</add> will not hold and<lb/> | |||
those matters <add>offences</add> which are prosecutable for <gap/><lb/> | |||
action; a mode of prosecution where the defendant<lb/> | |||
is put upon his trial in the first instance.<lb/> | |||
If the action for malicious prosecution thus<lb/> | |||
not be thought an adequate remedy to a <add>for one</add><lb/> | |||
person injured by a groundless information<lb/> | |||
the prosecutor might be bound by recognized <gap/><lb/> | |||
to pay any sum not exceeding so much <add>by</add><lb/> | |||
award of the Jury or the Judge upon the acquittal<lb/> | |||
of the Deft: or even to Deposit a<lb/> | |||
certain sum in Court.</p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
PROCEDURE INFORMATION
My quarrel with Informations is not, because case certain
persons have happened to be prosecuted according to this mode in this manner,
whereas, as many some have thought ought not
to have been prosecuted at all, nor because Ld
Ch. J. Holt once about 60 years said (supposing that it's true he said so he did say it) that
if it were to be questioned it would never not / never be neglected stands it's ground.
after it had been seen
..... in continual
& unquestioned
practise.
My objections to it are neither more nor less than those that it is under any form
of it's institution it is singularly well ill adapted
to the investigation production / discovery of truth, singularly well adapted
to the generation of Perjury & to the involving
of both innocent & guilty in one common tutelage.
That there is nothing
more to be found in it
(except the attribute of
I know not what
'Solemnity' with which
it is but
what may equally be
had nay who else in that it.
---page break---
If it should be thought too much, that a person
should be put to defend himself & incur the expence
of providing witnesses ,
Council &. in the first instance, when there
may be no probably ground, let the Information
proceed ex parte only in the 1st instant
as before the Grand Jury.
Observe that this objection if just will not hold and
those matters offences which are prosecutable for
action; a mode of prosecution where the defendant
is put upon his trial in the first instance.
If the action for malicious prosecution thus
not be thought an adequate remedy to a for one
person injured by a groundless information
the prosecutor might be bound by recognized
to pay any sum not exceeding so much by
award of the Jury or the Judge upon the acquittal
of the Deft: or even to Deposit a
certain sum in Court.
|
Identifier: | JB/050/095/001"JB/" can not be assigned to a declared number type with value 50. |
|||
|---|---|---|---|
|
050 |
procedure code |
||
|
095 |
procedure information |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
|||
|
jeremy bentham |
[[watermarks::gr [crown motif] [lion with vryheyt motif]]] |
||
|
16086 |
|||
