JB/057/079/001

Click Here To Edit

2 June 1804 12

Evidence Procedure

Ch. Justiciability

(3 §§. Rules

9
6. Legislator to say
what offences cases not bailable
by the ordinary Judge —
i.e. in what corporal
shall be incommutable
in ordinary

Rule 9. In contemplation consideration of the former of these two objects, it may be
proper for the legislator to fix upon certain species of delinquency
for the purpose of declaring that w upon a suspicion charge supported
provisionally by evidence of such or such a description (say for example
an oath of suspicion) no security for justiciability short of corporal security shall be
in general be accepted. in the language of English law to say that such and
such offences shall not regularly i.e. by the judge in ordinary be bailable

10
7. what commutable
extraordinarily — viz
by a superior judicature —
taking into account
the natural securities as above.

Rule 10. He may at the same time declare /provide that to the to
so proposed to be , where by reason of the
temporary forthcomingness of necessary material evidence, or for other causes
of unavoidable delay, the duration of such confinement is in danger
of being protracted to a degree unnecessarily vexatious, [+] [+] and in consideration of the
a intervening apparent
impossibility of delinqu
probability of the defendant's innocence
on the part a power of
accessing inferior security may be exercised by some either by
the Judge in ordinary, or by some other superior judicature, of such
(the seat of such superior judicature being at a distance, the defendant
thinks fit to take upon him the expense of making the application
necessary for that purpose: — in the language of English
law may make the offence, bailable at the discretion of a
superior Court.+ + Trial on this occasion
in B.R. on bad evidence
viz. by Assedt. consideration not forgetting being at the same time had, of
the sort of natural security for which the law has for the forthcomingness
justiciability of the defendant, in virtue of the power which
whether he be absent or present — possessed or not possessed of attachable
property, it can exercise over him in respect of his
reputation, faculty of residence in the country, his reputation and condition in
life.

10 (a)
In English law, the delay
creating the demand for such
commutation, has generally
been factitious: but natural
causes are not wanting:
ex.gr. Expatriation of witnesses

In English law, where which a defendant not bailable
by a Country Magistrate, has been bailed or been proposed to be bailed by the Court of King's Bench
the cause of the delay, from which he has then sought relief, has
seldom been any other than the factitious delays created by the intervals half-years
between Assize and Assize. But a natural demand for such relief
may be constituted by a variety of other natural causes such as the expatriation of material
evidence. See the list of Natural Causes of Delay in . . . . . . . .

Identifier: | JB/057/079/001"JB/" can not be assigned to a declared number type with value 57.
Date_1	1804-06-02	Marginal Summary Numbering	9-10, 10a
Box	057	Main Headings	evidence; procedure code
Folio number	079	Info in main headings field	[[info_in_main_headings_field::[evidence deleted] procedure]]
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d12 / e3
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18409
Box Contents