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<p>9 Aug. 1805 2</p> <head>Procedure</head> <p><note> Procedure Removal<lb/> party<lb/> §§.2 Rules.</note> (<del>2</del> 1</p> <!-- pencil bracket in right hand margin around the first paragraph --> <p> I begin with the non-penal branch: <!-- bracket in pencil --> [adding to it likewise <lb/>so much of the penal as <sic>admitts</sic> of no punishment beyond the<lb/> value <add>weight</add> of the greatest <add>heaviest pecuniary</add> <sic>burthen</sic> <del>that</del> to which a man is <gap/><lb/>of being subjected in the <gap/> of satisfaction: viz: fine to the extent<lb/> of total forfeiture, and imprisonment unaccompanied with penal<lb/> aggravations, and limited to a term suppose of seven years</p> <p> 1. [In the first place] let all causes without exception be tried <lb/> in the first instance by the Judge without the intervention of a <lb/> Jury:</p> <p> 2. Let the <del><gap/></del> <sic>judgment</sic> of such immediate Judge be carried<lb/> provisionally into execution, <del>with</del> subject to <del>which</del>security against<lb/>irreparable damage, as in <sic>Ch.</sic> 1.</p> <p> 3. The <del>cause being set down for</del> materials of the cause, evidence <lb/>included, being all upon paper, <add>at the Court of the Judge of Appeal</add> and the cause set down for hearing<lb/>in its turn, let it depend upon the Judge of Appeal either<lb/> to pronounce his <sic>judgment</sic> <add>absolutely</add> on the <sic>judgment</sic> of the Court below, or<lb/> to state <del>the</del> a question or questions as proper to be decided upon<lb/> by a Jury, with <del>the</del> a brief intimation of the reasons why they<lb/> ought to be so respectively.</p> <p>4. The <sic>Judgment</sic> so pronounced by the Court above will be<lb/> either a <gap/> confirmation, a pure reversal, is a modification of<lb/>the <sic>Judgment</sic> pronounced by the Court below.</p> | |||
9 Aug. 1805 2
Procedure
Procedure Removal
party
§§.2 Rules. (2 1
I begin with the non-penal branch: [adding to it likewise
so much of the penal as admitts of no punishment beyond the
value weight of the greatest heaviest pecuniary burthen that to which a man is
of being subjected in the of satisfaction: viz: fine to the extent
of total forfeiture, and imprisonment unaccompanied with penal
aggravations, and limited to a term suppose of seven years
1. [In the first place] let all causes without exception be tried
in the first instance by the Judge without the intervention of a
Jury:
2. Let the judgment of such immediate Judge be carried
provisionally into execution, with subject to whichsecurity against
irreparable damage, as in Ch. 1.
3. The cause being set down for materials of the cause, evidence
included, being all upon paper, at the Court of the Judge of Appeal and the cause set down for hearing
in its turn, let it depend upon the Judge of Appeal either
to pronounce his judgment absolutely on the judgment of the Court below, or
to state the a question or questions as proper to be decided upon
by a Jury, with the a brief intimation of the reasons why they
ought to be so respectively.
4. The Judgment so pronounced by the Court above will be
either a confirmation, a pure reversal, is a modification of
the Judgment pronounced by the Court below.
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Identifier: | JB/057/095/001"JB/" can not be assigned to a declared number type with value 57. |
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1805-08-09 |
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057 |
evidence; procedure code |
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095 |
procedure |
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001 |
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text sheet |
1 |
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recto |
d2 / e1 |
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jeremy bentham |
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18425 |
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