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<head>Juries 06</head><lb/><lb/> | <head>Juries 06</head><lb/><lb/> | ||
<head>2</head><lb/> | <head>2</head><lb/> | ||
<p>The following circumstances, <del>how minute soever some <lb/>of them may have been | <p>The following circumstances, <del>how minute soever some</del> <add>whatever stress may have</add> | ||
<lb/> | |||
<del>of them may have been rested on </del> <add>been laid on <del>some of</del> them <del>daily</del></add> by panegyrists, nor <lb/> | |||
<del>are</del> <add>all</add> of them ineffectual, and some of them highly | |||
<lb/> | |||
mischievous.</p> | |||
<p>The first <del>of them</del> <add>I shall mention</add> is that of the nomination of<lb/> the members of this tribunal by the Sheriff, himself<lb/> an officer in the nomination of the Crown and<lb/> accountable to the Crown. If it had ever been a custom<lb/> among lawyers to take obvious reason <add>utility</add> for the<lb/>standard of excellence <del>in</del> in preference to the usage<lb/> of barbarous ages it must have occurred before<lb/> now that Chance <add>Fortune</add> the hand of Chance <del | <p>The first <del>of them</del> <add>I shall mention</add> is that of the nomination of | ||
< | <lb/> | ||
the members of this tribunal by the Sheriff, himself | |||
<lb/> | |||
an officer in the nomination of the Crown and | |||
<lb/> | |||
accountable to the Crown. If it had ever been a custom | |||
<lb/> | |||
among lawyers to take obvious reason <add>utility</add> for the | |||
<lb/> | |||
standard of excellence <del>in</del> in preference to the usage | |||
<lb/> | |||
of barbarous ages it must have occurred before | |||
<lb/> | |||
now that Chance <add>Fortune</add> the hand of Chance <del>was</del> must | |||
<lb/> | |||
be a much fitter one to vest <add>lodge</add> this power, than | |||
<lb/> | |||
that of a nominee of the King or any body else. | |||
<lb/> | |||
In <del>divers</del> <add>several <del><add>a few narrow</add></del></add> instances the decision of chance has been resorted | |||
<lb/> | |||
to by late reformers: and the persons whose | |||
<lb/> | |||
appearance upon the list is the result <add>of such a lottery</add> are not the | |||
<lb/> | |||
less a Jury.<hi rend='superscript'>(a)</hi><lb/> </p> | |||
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<p><hi rend='superscript'>(a)</hi> Examples 1. Special Juries as <sic>modelled</sic> by State | |||
<lb/> | |||
2. Parliamentary Election Court as established by | |||
<lb/> | |||
community called the Grenville Act | |||
<lb/> | |||
3. Tribunal for trying East-India delinquents. | |||
<lb/> | |||
These two last Courts have not the name of Juries, | |||
<lb/> | |||
but they have what is much better than the name.</p> | |||
Juries 06
2
The following circumstances, how minute soever some whatever stress may have
of them may have been rested on been laid on some of them daily by panegyrists, nor
are all of them ineffectual, and some of them highly
mischievous.
The first of them I shall mention is that of the nomination of
the members of this tribunal by the Sheriff, himself
an officer in the nomination of the Crown and
accountable to the Crown. If it had ever been a custom
among lawyers to take obvious reason utility for the
standard of excellence in in preference to the usage
of barbarous ages it must have occurred before
now that Chance Fortune the hand of Chance was must
be a much fitter one to vest lodge this power, than
that of a nominee of the King or any body else.
In divers several <add>a few narrow</add> instances the decision of chance has been resorted
to by late reformers: and the persons whose
appearance upon the list is the result of such a lottery are not the
less a Jury.(a)
(a) Examples 1. Special Juries as modelled by State
2. Parliamentary Election Court as established by
community called the Grenville Act
3. Tribunal for trying East-India delinquents.
These two last Courts have not the name of Juries,
but they have what is much better than the name.
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Identifier: | JB/035/052/002"JB/" can not be assigned to a declared number type with value 35. |
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035 |
constitutional code; evidence; procedure code |
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052 |
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002 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::l munn [britannia with shield emblem]]] |
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benjamin constant |
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10645 |
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