JB/095/081/001

Click Here To Edit

PROCEDURE TURNP. ACT Observations on 159 ss49

Evidence It is true that if odds therefore but a Magistrate unversed in business, by the perusal of this
general Title, is prepossessed against it the truth. It is true if
he has the good luck to open the Book at the Title of he may find it in the Introduction: but it is not everyone who will think of looking into that Title for an Axiom omitted in another to which it seems so intimately to belong.
Introduction. p. 28

he may there find a where
this evidence in question has been holden to be incompetent: but then,
do not in order to know what is Law under the Title do
not of their own hands turn to that of the Introduction

From these considerations I make no doubt but that many
a conviction has very innocently been passed in violation of this
rule: one I happen to have met with that is on
record + + 3. Burrns 1473. it is one by the bye, that affords the strongest
kind of confirmation (were it wanting) that can be given
for the truth of the authority of the maxim: an experienced a Councel
giving up his Client's cause.

---page break---

PROCEDURE 162. ss 53

Trustees to grant warrant of Distress The great Trust to repose is that of sitting in Judgment
to acquit or condemn pass acquittal or condemnation; after condemnation what
follows is of course: & it should seem might as well
be entrusted to persons Commissioners of Turnpikes of this description, as to Commissioners
of Land-Tax, Window Tax & Sewers + + Qu. Hawkers &c Salt duties

163. ss 53

Quorum to be constant? Should the Quorum of Trustees consist in every step of the
procedure of the same persons? I should think it
need not as it would be difficult to get 5, allways the same together at once to such
more such a number of which not less fewer than 5 should
be the majority, together at once. In the instance of
the provision for backing Warrants, the part of Judge

---page break---

163 ss 53.

PROCEDURE is to shift from one Justice to another — there seems no necessity reason
why precisely the same act as issued a Warrant
of Distress should settle the charges of it when made.
Yet perhaps it might be useful to require that one
or 2 of those who proceeded sat at the taking of the 1st
step in the a prosecution should sit proceed throughout.

---page break---

Identifier: | JB/095/081/001"JB/" can not be assigned to a declared number type with value 95.
Date_1		Marginal Summary Numbering
Box	095	Main Headings
Folio number	081	Info in main headings field	procedure turnp. act observations on
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	[[watermarks::[partial gr crown motif] [partial lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	30967
Box Contents