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7 July 1805
Evidence
In civil causes called civil
Under the existing system it continually happens that the
At present the operations inquiry that should have been compleated
in one sitting, requires two or more constituting in effect so many
distinct anddistinct causes, one or other party being pro having been unprepared
and in the same way or other taken by surprize. Whence this surprize? For
want of those preceding explanations which in the summary
mode could not but have taken place, taken place at the very
first meeting.
Trial by Jury is unavoidably encumbered with an expence
from which summary procedure is free. The Jury might
in all instances as already they do in each instances, be
made to give their expence and labour gratis. But by this an arrangement
of this sort the burthen so far from being annihilated is increased.
It is distributed made to press sensibly and severely concentraed upon a few instead of being had
as by equal taxation it would be had equally upon the whole community, and thus rendered
nearly imperceptible.
Upon At any rate upon the plan here proposed, the burthen
of Jury service, wheresoever is reduced to the minimum least quantity in to
which being so had respectively, it is in its nature to be
reduced.
Superstition From the mention of so frequently laid upon the number
twelve, and the almost constant employment of this number
for definitive trials, for all trials but the useless preparatory ones before
the Grand Jury, one would think those were some magical virtue
in the number. Were the spell ever to be dissolved, that, in many instances at least, it might then appear,
that for every real purpose of justice, are not a number considerably
less inferior might serve.
Identifier: | JB/047/151/001 "JB/" can not be assigned to a declared number type with value 47.
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