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<p>The choice thus lies &#x2014; not between a Judge or Bench<lb/> of Judges without a Jury, and a Jury without a Judge<lb/> <add>or Bench of Judges</add> but between a Judge or Bench of Judges without a Jury, and <lb/>a Judge or Bench of Judges with a Jury. A Jury <add>The Jury-box</add> is therefore <lb/>in every case an additament <add>appendage</add> to the Bench: and <del>the size</del> <lb/>of this additament, the size, whatever it be, must consist in<lb/> its operating as <add>in the character of</add> a preservative against some <del>of the mischiefs <lb/> the</del> are as more of the wits opposite and corresponding to the<lb/> ends of justice: viz. to those wits <del>not</del> considered <add>not</add> in the abstract, but as liable to result from this or that feature<lb/> of imperfection in the <add><sic>mens</sic></add> conduct of the <del><gap/> <gap/></del> <add>on the Bench</add> experienced <lb/>and permanent Judge or Judges.</p>  
<p>The choice thus lies &#x2014; not between a Judge or Bench<lb/> of Judges without a Jury, and a Jury without a Judge<lb/> <add>or Bench of Judges</add> but between a Judge or Bench of Judges without a Jury, and <lb/>a Judge or Bench of Judges with a Jury. A Jury <add>The Jury-box</add> is therefore <lb/>in every case an additament <add>appendage</add> to the Bench: and <del>the size</del> <lb/>of this additament, the size, whatever it be, must consist in<lb/> its operating as <add>in the character of</add> a preservative against some <del>of the mischiefs <lb/> the</del> are as more of the wits opposite and corresponding to the<lb/> ends of justice: viz. to those wits <del>not</del> considered <add>not</add> in the abstract, but as liable to result from this or that feature<lb/> of imperfection in the <add><sic>mens</sic></add> conduct of the <del><gap/> <gap/></del> <add>on the Bench</add> experienced <lb/>and permanent Judge or Judges.</p>  


 
<p>Of the check thus applied to the power of the<lb/> <hi rend='underline'>Court</hi> <hi rend='superscript'>(a)</hi> <lb/><note><hi rend='superscript'>(a)</hi> The appellation given <del>to the Judge or Judges</del> <add>to that part of the <gap/></add> which is composed of the Judge or Judges in contradistinction to that which is composed of the Jury. </note><lb/>the effect according to the nearest general description<lb/> of it <add>that can be given</add> is this &#x2014; the decisions pronounced in<lb/> the whole matter question of law and <del>of</del> question of fact together is pronounced by the Jury: but of this decision <lb/>the effect is liable to be defeated by a decision <del>of</del> <add>pronouncing by</add> the<lb/> Court on the question of law taken by itself:





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24 May 1808 4 (3) 3

The choice thus lies — not between a Judge or Bench
of Judges without a Jury, and a Jury without a Judge
or Bench of Judges but between a Judge or Bench of Judges without a Jury, and
a Judge or Bench of Judges with a Jury. A Jury The Jury-box is therefore
in every case an additament appendage to the Bench: and the size
of this additament, the size, whatever it be, must consist in
its operating as in the character of a preservative against some of the mischiefs
the
are as more of the wits opposite and corresponding to the
ends of justice: viz. to those wits not considered not in the abstract, but as liable to result from this or that feature
of imperfection in the mens conduct of the on the Bench experienced
and permanent Judge or Judges.

Of the check thus applied to the power of the
Court (a)
(a) The appellation given to the Judge or Judges to that part of the which is composed of the Judge or Judges in contradistinction to that which is composed of the Jury.
the effect according to the nearest general description
of it that can be given is this — the decisions pronounced in
the whole matter question of law and of question of fact together is pronounced by the Jury: but of this decision
the effect is liable to be defeated by a decision of pronouncing by the
Court on the question of law taken by itself:

Identifier: | JB/035/118/001"JB/" can not be assigned to a declared number type with value 35.

Date_1

1808-05-24

Marginal Summary Numbering

8-11

Box

035

Main Headings

constitutional code; evidence; procedure code

Folio number

118

Info in main headings field

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

c3 / d4 / e3

Penner

jeremy bentham

Watermarks

th 1806

Marginals

jeremy bentham

Paper Producer

andre morellet

Corrections

Paper Produced in Year

1806

Notes public

ID Number

10711

Box Contents

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