 ... it is of the greatest consequence to the law of England and to the subject, that these powers of the judge and jury are kept distinct ; that the judge determines the law, and the jury the fact ; and if ever they come to be confounded, it will prove...  Is Trial by Jury Worth Keeping? - Page 56by Graham Willmore - 1850 - 56 pagesFull view - About this book
 | International law - 1845 - 542 pages
...observed, and all reflecting men will agree in the observation, that " it is of the greatest importance to the law of England, and to the subject, that the powers of the judge and jury be kept distinct 2 ; " yet important as this object undoubtedly is, it is one which, even at the present day, is not... | |
 | International law - 1845 - 532 pages
...observed, and all reflecting men will agree in the observation, that " it is of the greatest importance to the law of England, and to the subject, that the powers of the judge and jury be kept distinct2; " yet important as this object undoubtedly is, it is one which, even at the present day,... | |
 | Samuel Warren - Law - 1845 - 1174 pages
...which are expended upon the preservation of this rule, intact. In the language of Lord Hardwicke,t " it is of the greatest consequence to the law of England, and also to the subject, that the powers of the judge and jury be kept distinct : that the judge determine... | |
 | John Scriven (serjeant at law.) - Copyhold - 1846 - 750 pages
...leet with the notion that he is a man " indifferent between the lord and the law ;" ante, p. 689. " It is of the greatest consequence to the law of England,...the subject, that the powers of the judge and jury are kept distinct," &c. Per Hardwicke, CJ, in Rex e. Poole, Com. Dig. Enquest, (A. 1). (n) And gee... | |
 | John Pitt Taylor - Evidence (Law) - 1848 - 764 pages
...observed, and all reflecting men will agree in the observation, that " It is of the greatest importance to the law of England, and to the subject, that the powers of the judge and jury be kept distinct" (6) ; yet important as this object undoubtedly is, it is one which, even at the present day, is not... | |
 | United States. Supreme Court - Law reports, digests, etc - 1852 - 668 pages
...found in Cases in the King's Bench, in the. time of Lord Hardwicke, it is said by Hardwicke, CJr that " it is of the greatest consequence to the law of England,...and to the subject, that the powers of the judge and the jury be kept distinct; that the judge determine the law, and the jury' the fact ; and if ever they... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...accordance with the principle emphatically laid down by Lord Hardwicke, *in these words : " It is of the LJ greatest consequence to the law of England and to the subject, that these powers of the judge and jury be kept distinct, that the judge determine the law, and the jury... | |
 | Languages, Modern - 1859 - 1044 pages
...facti non respondent judices, to, ad quaestionem juris non respondent juratores (Co. Litt. 295 b). It is of the greatest consequence to the law of England and to the subject that these powers of the judge and jury be kept distinct, that the judge determine the law, und the jury... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1862 - 660 pages
...not to be determined by juries ; juries have a power by law to determine matters of fact only: and it is of the greatest consequence to the law of England, and to the subject, that these powers of the judge and jury are kept distinct; that the judge determines the law, and the jury... | |
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