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<!-- date and headings in pencil --> | <!-- date and headings in pencil --> <head><del>Evidence</del> <add> Procedure</add></head> <p>4 June 1804</p> <p><note><sic>Ch</sic> Forum<lb/>§§ Venue</note><lb/> (3</p> <p>1. The <hi rend="underline">County</hi> in which the <hi rend="underline">land</hi> lay: viz: the land or other article<lb/> of <sic>immoveable</sic> property <add> which is</add> comprehending the matter in dispute. <add>Assigned</add> Reason.<lb/> the facts <add>in the case</add> would be so much the better understood by the Jury.</p> <p> This reason is in most cases <add>radically</add> bad, and in all cases inconclusive.</p> <p> 1 It is bad by confounding the provinces <add>functions</add> of the witness and the <lb/> juryman. The Juryman, in his quality of judge, irresponsible judge,<lb/> debating and deciding in secret, is exempt from cross-examination. A<lb/> Judge is fit for his function no further than as he is impartial: the tendency<lb/> of a witness is such as to be partial, and the tendency of English<lb/> law in all its arrangements is to increase the ratio of partial to<lb/>impartial witnesses in a variety of ways.</p> <p> of This policy, which is very sentient, the influence extends to<lb/> a multitude of occasions besides this. It is <add>seems</add> now pretty generally<lb/> understood that <del> the capacity of delay </del> <add>for that <del>matter there</del> sort of <gap/>; which would enable a man to all</add> in the character of a witness,<lb/> a Juryman is all the course, and that, neither directly nor<lb/> indirectly <del>ought</del> <add> should</add> the <del>J</del> functions of Judge <add> especially Jurymen</add> and witness <del>ought <gap/></del><lb/> be ever confounded, <add> united in the same person</add> if the union can possibly be avoided.</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
Evidence Procedure
4 June 1804
Ch Forum
§§ Venue
(3
1. The County in which the land lay: viz: the land or other article
of immoveable property which is comprehending the matter in dispute. Assigned Reason.
the facts in the case would be so much the better understood by the Jury.
This reason is in most cases radically bad, and in all cases inconclusive.
1 It is bad by confounding the provinces functions of the witness and the
juryman. The Juryman, in his quality of judge, irresponsible judge,
debating and deciding in secret, is exempt from cross-examination. A
Judge is fit for his function no further than as he is impartial: the tendency
of a witness is such as to be partial, and the tendency of English
law in all its arrangements is to increase the ratio of partial to
impartial witnesses in a variety of ways.
of This policy, which is very sentient, the influence extends to
a multitude of occasions besides this. It is seems now pretty generally
understood that the capacity of delay for that matter there sort of ; which would enable a man to all in the character of a witness,
a Juryman is all the course, and that, neither directly nor
indirectly ought should the J functions of Judge especially Jurymen and witness ought
be ever confounded, united in the same person if the union can possibly be avoided.
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Identifier: | JB/057/055/001"JB/" can not be assigned to a declared number type with value 57. |
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1804-06-04 |
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057 |
evidence; procedure code |
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055 |
procedure |
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001 |
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text sheet |
1 |
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recto |
e3 |
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jeremy bentham |
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18385 |
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