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Front Page Titles (by Subject) EDITOR'S NOTE - The Works of Jeremy Bentham, vol. 5 (Scotch Reform, Real Property, Codification Petitions)
EDITOR’S NOTE - Jeremy Bentham, The Works of Jeremy Bentham, vol. 5 (Scotch Reform, Real Property, Codification Petitions) [1843]Edition used:The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 5.
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- Scotch Reform; Considered With Reference to the Plan Proposed In the Late Parliament, For the Regulation of the Courts and the Administration of Justice In Scotland: With Illustrations From English Non-reform: In the Course of Which, Divers Imperfectio
- Advertisement.
- Letters to Lord Grenville, On the Proposed Reform In the Administration of Civil Justice In Scotland.
- Letter I.
- Letter II.: Proposed Division of the Court of Session.
- Letter III.: Proposed System of Pleading.
- Letter IV.: Proposed Trial By Jury.
- Letter V.: On the Bill Called Lord Eldon’s.
- Summary View of the Plan of a Judicatory, Under the Name of the Court of Lords’ Delegates, Proposed For the Exercise of Those Judicial Functions, the Adequate Discharge of Which By the Whole House Has, For These Six Or Seven Years, Been Rendered Confe
- The Elements of the Art of Packing, As Applied to Special Juries, Particularly In Cases of Libel Law.
- Advertisement to the First Edition.
- Part I.
- Chapter I.: Occasion of This Work.
- Chapter II.: Juries—their Use As a Check to Judges.
- Chapter III.: The Check How Done Away By Influence.
- Chapter IV.: Special Juries, a Special Engine of Corruption.
- Chapter V.: Jury Unanimity Increases the Corruption.
- Chapter VI.: Purposes to Which Influence On Juries May Be Made Subservient.
- Chapter VII.: Chief Purpose, Crushing the Liberty of the Press.
- Chapter VIII.: The Exchequer Packing Office Suffices.
- Chapter IX.: Instruments For Crushing the Liberty of the Press.
- Chapter X.: Want of Adequate Obsequiousness Morally Impossible.
- Chapter XI.: Such Juries Worse Than None.
- Part II.: State of the Packing System, Anno 1808.
- Chapter I.: Introduction—two Reforming Shrievalties.
- Chapter II.: The Sheriff to the Lord Chief Baron—notices.
- Chapter III.: Lord Chief Baron to Sheriff Sir Richard Phillips—avowries and Defences.
- Chapter IV.: Observations On the Lord Chief Baron’s Defences.
- Chapter V.: Special Jury Corruption—devices By Which It Was Protected.
- Chapter VI.: Learned Advice From the Temple.
- Chapter VII.: Advice From Lincoln’s-inn.
- Chapter VIII.: Maxims Concerning Reform, Deduced From the Above Letter.
- Chapter IX.: Transactions At the Remembrancer’s.
- Part III.: State of the Packing System, Anno 1809.
- Chapter I.: Commons’ Debate, 24 Th April 1809. Packing and Cutting.
- Chapter II.: Double-fee Abuse, Plain and Embroidered.
- Part IV.—: Remedies Proposed. *
- Chapter I.: Humble Proposal For Restoring the Constitution In Regard to Juries.
- Chapter II.: State of Jury Package In Scotland.
- Chapter III.: Humble Proposal For Restoring the Authority of Parliament.
- “swear Not At All:” Containing an Exposure of the Needlessness and Mischievousness, As Well As Anti-christianity of the Ceremony of an Oath: a View of the Parliamentary Recognition of Its Needlessness, Implied In the Practice of Both Houses; a
- Advertisement.
- Editor’s Note
- Swear Not At All. Mat. V. 34.
- Section 1.: Oath. Incongruity of the Assumption, On Which Its Supposed Beneficial Efficiency Is Grounded.
- Section 2.: Mischievousness of This Instrument Considered In a General Point of View.
- Section 3.: Its Inefficiency In the Character of a Security Against Deceptious Incorrectness and Incompleteness In Evidence.
- Section 4.: Recognition of Its Inutility By Lords and Commons.
- Section 5.: Mischiefs —1. Contributing to the Mendacity-licence Granted By Judges.
- Section 6.: Mischief 2— Weakening In Various Ways the Efficiency of the Laws.
- Section 7.: Mischief 3— Bewildering and Enslaving the Consciences of Jurymen.
- Section 8.: Mischief 4— Giving Aid and Force to the Enterprises of Malefactors.
- Section 9.: Mischief 5— Furnishing Pretence For Misrule By Abuse of Prerogative.
- Section 10.: Misrule, How to Perpetuate—coronation Oaths Amended.
- Section 11.: Mischief 6— Corrupting the National Morals and Understanding—oxford University Oaths.
- Section 12.: Mischief 6 Continued. —ii. Cambridge Oaths.
- Section 13.: Practice of Receiving Judicial Oaths, Its Repugnancy to the Precepts of Jesus.
- Section 14.: Succedanea—true Securities Substitutible to This False One.
- Section 15.: Cause and Origin of the Practice In Regard to Oaths.
- Appendix.
- Truth Versus Ashhurst; Or, Law As It Is, Contrasted With What It Is Said to Be.
- The King Against Edmonds and Others: Set Down For Trial, At Warwick, On the 29 Th of March 1820.
- The King Against Sir Charles Wolseley, Baronet, and Joseph Harrison, Schoolmaster, Set Down For Trial, At Chester, On the 4 Th of April 1820.
- Official Aptitude Maximized; Expense Minimized: As Shown In the Several Papers Comprised In This Volume.
- Paper I.—
- Paper II.—: Introductory View, &c.
- Paper III.—: Extract From the Proposed Constitutional Code; Entitled, Official Aptitude Maximized—expense Minimized. By Jeremy Bentham, Esq. Bencher of Lincoln’s Inn.
- Paper IV.—: Supplement to the Above Extract.
- Paper V.—: Defence of Economy Against the Right Honourable Edmund Burke.
- Paper VI.—: Defence of Economy Against the Right Honourable George Rose.
- Paper VII.: Observations On Mr. Secretary Peel’s House of Commons Speech, 21 St March 1825, Introducing His Police Magistrates’ Salary Raising Bill, ( Date of Order For Printing, 24 Th March 1825.)
- Paper VIII.: Indications Respecting Lord Eldon, Including History of the Pending Judges’-salary-raising Measure.
- Paper IX.—: On the Militia.
- Paper X.: On Public Account Keeping.
- Paper XI.: Constitutional Code—table of Contents As Shown By Titles of Chapter and Sections.
- Commentary On Mr. Humphreys’ Real Property Code, By Jeremy Bentham. From the Westminster Review, No. XII., For October 1826.
- *∗* the Following Note Was Prefixed to the Article By the Editor of the Westminster Review: —
- Commentary On Humphreys’ Real Property Code.
- I.: Deed of Sale.
- II.: Deed of Mortgage. 1
- III.: Marriage Settlement Deed.
- Outline of a Plan of a General Register of Real Property: Contained In a Communication to the Commissioners Appointed Under Letters Patent, of Date the 6 Th June 1828, to Inquire Into the Law of England Respecting Real Property, and First Printed I
- Justice and Codification Petitions: Being Forms Proposed For Signature By All Persons Whose Desire It Is to See Justice No Longer Sold, Delayed, Or Denied: and to Obtain a Possibility of That Knowledge of the Law, In Proportion to the Want of Which T
- Justice and Codification Petitions.
- Advertisement.
- Preliminary Explanations Necessary to Be First Read.
- Petition For Justice.
- Abridged Petition For Justice.
- More Abridged Petition For Justice.
- Supplement, Which May Be Added Or Not to Any One of the Three Or Any Other Proposed Petition.
- Petition For Codification.
- Lord Brougham Displayed: Including I. Boa Constrictor, Alias Helluo Curiarum; II. Observations On the Bankruptcy Court Bill, Now Ripened Into an Act; III. Extracts From Proposed Constitutional Code.
EDITOR’S NOTE
*∗* By 5 & 6 W. IV. c. 8 (12th June 1835,) entitled, “An Act for the more effectual abolition of Oaths and Affirmations taken and made in various departments of the State, and to substitute Declarations in lieu thereof: and for the more entire suppression of voluntary and extrajudicial Oaths and Affidavits,”—certain enactments were preceded by the following preamble:—“Whereas, by an Act passed in the session holden in the 1st and 2d year of the reign of his present Majesty, intituled, ‘An Act to abolish certain Oaths and Affirmations taken and made in the Customs and Excise departments of his Majesty’s revenue, and to substitute Declarations in lieu thereof’ (1 & 2 W. IV. c. 4,) and by other enactments subsequent thereto, the number of oaths and affirmations required to be taken and made in these departments has been greatly diminished, and the beneficial operation of the said recited act, and such other subsequent enactments, gives ground to believe that the number of oaths and affirmations may be yet farther reduced in those and other departments of the State.” This statute was repealed, and new provisions substituted, by 5 & 6 W. IV. c. 62 (9th September 1835,) which enacted (§ 2,) That where Oaths are administered in proceedings connected with the Customs or Excise, the Post-office, the office of Stamps and Taxes, the office of Woods and Forests, Land-revenues, Works, and Buildings, the War-office, the Army Pay-office, the office of Treasurer of the Navy, the Accountant-General of the Navy, or the Ordnance, his Majesty’s Treasury, Chelsea Hospital, Greenwich Hospital, the Board of Trade, the Secretaries of State’s offices, the India Board, the Audit office, the National-Debt office, or any other office under controul of the Treasury, the Lords of the Treasury may substitute Declarations. (§ 5,) Persons making false affirmations, in cases connected with the revenues of the customs or excise, stamps and taxes, or post-office, guilty of misdemeanor. (§ 6,) The oath of allegiance still to be taken by persons in office. (§ 7,) The act not to abolish judicial oaths. (§ 8,) It is made lawful for the universities of Oxford or Cambridge, or any other bodies corporate and public, entitled to administer oaths, to substitute declarations. (§ 9,) Churchwardens and sidesmen no longer to take oaths, but only to make declaration of faithful and diligent performance on entering on their duties. (§ 10,) Declarations substituted for the oaths appointed to be taken under highway and police acts. (§ 11,) Persons applying for patents under the great seal, instead of the usual oath, to make a declaration in the same terms. (§ 12,) Declarations substituted for the oaths under the pawnbroker’s acts, to be taken in the same terms, and on the same occasions. (§ 13,) Justices of the Peace and others are prohibited from taking oaths or affidavits “touching any matter or thing whereof such Justice or other person hath not jurisdiction or cognizance by some statute in force at the time being,”—the enactment not to apply to oaths in matters connected with the preservation of the peace, or prosecutions, or proceedings before Parliament; or to oaths necessary to validate legal instruments to be used in foreign countries. (§ 14,) Where it was the practice of the Bank of England to take oaths for facilitating transfers, or as to the loss or destruction of notes,—declarations substituted. (§ 15,) Declarations substituted for oaths of parties and witnesses, in actions in the colonies, “for or relating to any debt or account wherein any person residing in Great Britain and Ireland shall be a party, or for or relating to any lands, tenements, or hereditaments, situate, lying, and being in the said places.” (§ 16,) The attesting witnesses to any testament or deed, may verify the execution by declaration in writing. (§ 18, 21,) A form of voluntary declaration to be taken in miscellaneous cases, the taking which, or any other declaration substituted for any oath, falsely, renders the party guilty of a misdemeanor.—Ed.
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