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under construction ... | under construction by Diane Folan ... please do not amend! | ||
<head>1 June 1800</head><!-- left aligned to the margin, and in pencil --> | |||
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<head><note>Jury analysed</note></head><!-- in pencil --> | |||
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<head>2</head><!-- written in pencil --> | |||
<head>2 <note><gap/><!-- 'Ch.' ? -->. <unclear>//</unclear><!-- symbol/parallel lines --> Judge's Charge — time</note></head><!-- right aligned, and written in pencil --> | |||
<p>This at any rate the charge given by the Judge | <p>This at any rate the charge given by the Judge | ||
<lb/> | <lb/> | ||
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parts , <del><gap/></del> <add><gap/> upon them</add> to the <gap/> of it <del>or</del> a sort | parts , <del><gap/></del> <add><gap/> upon them</add> to the <gap/> of it <del>or</del> a sort | ||
<lb/> | <lb/> | ||
of obligation , howsoever | of obligation , howsoever imperfect of giving reasons for | ||
<lb/> | <lb/> | ||
in support and justification of any such recommendation | in support and justification of any such recommendation | ||
<lb/> | <lb/> | ||
<del>as</del> in this or that | <del>as</del> in this or that instance it may happen to | ||
<lb/> | <lb/> | ||
<del><gap/></del> Judge to | <del><gap/></del> Judge to think fit to give. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indent --><note>The obligation of giving a charge, is, & ought to be an imperfect one — given in every case, it would was now too much time</note><!-- note in pencil --> The obligation thus imposed is of the imperfect | |||
<lb/> | |||
kind : and so it must and ought to be . If in the | |||
<lb/> | |||
instance of every cause without distinction <add>excessive</add> thus <unclear>familiar</unclear> | |||
<lb/> | |||
were in both its part <del>as</del> above to be <add>indispensably</add> performed , the | |||
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quantity of time <add><gap/> and measure attached to <add><gap/> from</add></add> <unclear>thus</unclear><!-- or, they --> <unclear>command</unclear> would be apt <add>might go near</add> to | |||
<lb/> | |||
<gap/> the whole benefit <add>cut very deep into the aggregate benefit</add> resulting from the practise | |||
<lb/> | |||
in the other point of view ; since the instance in <add>so great would <add>might</add> be the number of</add> | |||
<lb/> | |||
which the <gap/> of the matter <add>ground</add> <gap/> <add>renders</add> such explanations <add><unclear>accusations</unclear></add> | |||
<lb/> | |||
<unclear><sic>usedless</sic></unclear> . | |||
<lb/></p> | |||
<p><!-- indent -->On the other hand the obligation being no other than | |||
<lb/> | |||
an imperfect one , the occasions in which it shall and | |||
<lb/> | |||
then in which it , shall be fulfilled being left to the discretion | |||
<lb/> | |||
of the Judge , the course naturally pursued by him | |||
<lb/> | |||
is to give the explanation <sic>were</sic> they promise to be material | |||
<lb/> | |||
and useful — to <sic>omitt</sic> them when they <add>as <del>it</del> far as</add> appear <sic>usedless</sic>. | |||
<lb/></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
under construction by Diane Folan ... please do not amend!
1 June 1800
Jury analysed
2 . // Judge's Charge — time
This at any rate the charge given by the Judge
with in both its parts of where it happens to mature
both parts — the , and the ,
serve in the of reason in support of any such
and or advise as it may have happened to
to give : and the custom habit which Judge are in
of delivering such charge , in an age both its abovementioned
parts , upon them to the of it or a sort
of obligation , howsoever imperfect of giving reasons for
in support and justification of any such recommendation
as in this or that instance it may happen to
Judge to think fit to give.
The obligation of giving a charge, is, & ought to be an imperfect one — given in every case, it would was now too much time The obligation thus imposed is of the imperfect
kind : and so it must and ought to be . If in the
instance of every cause without distinction excessive thus familiar
were in both its part as above to be indispensably performed , the
quantity of time and measure attached to <add> from</add> thus command would be apt might go near to
the whole benefit cut very deep into the aggregate benefit resulting from the practise
in the other point of view ; since the instance in so great would <add>might be the number of</add>
which the of the matter ground renders such explanations accusations
usedless .
On the other hand the obligation being no other than
an imperfect one , the occasions in which it shall and
then in which it , shall be fulfilled being left to the discretion
of the Judge , the course naturally pursued by him
is to give the explanation were they promise to be material
and useful — to omitt them when they as it far as appear usedless.
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Identifier: | JB/035/221/001"JB/" can not be assigned to a declared number type with value 35. |
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1808-06-01 |
not numbered |
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035 |
constitutional code; evidence; procedure code |
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221 |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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10814 |
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