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Cause of incapacity of being
brought under the cognizance of a Jury, complexity.
Of modes of complexity capable of producing
this effect, examples are the following.
1. Multitude of fact which, by one
and the same demand and defence are undertaken
to be proved or disproved on one or both
sides: for example, in an account.
2. Multitude of witnesses liable
to be examined in relation to each alleged
facts: especially if alibi evidence, or evidence
as to character, is received.
These sources, however, are
but two or a multitude of distinguishable
sources, out of which complexity is in use
to arise.
Suit called on, Jury in box,
the impossibility of trial is universally
recognized. What follows? off the suit goes
to arbitration. Aptly learned and well
wigged Gentlemen in plenty, there they sit, well
known as such by the Judge. Choice is made of
one for each side, or the same for both. Now
again comes the time for delay. Five Guineas a
day or less, secures and maximizes it: exemplary
are then the care and deliberation. For
securing the whole of the mass of evidence
which the case affords, the powers are not
now altogether adequate. But neither would
they have been found so, had the trial gone
on: for, under the existing system, no assemblage
of the powers, adequate to the purpose,
10.
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do what depends upon them towards making
the people believe that the existing delay
is alike necessary in the cases to which these
causes do not apply, as in those in which
they do.
1. One is, non forthcomingness
of evidence: of this cause, the influence, it
is manifest, extends itself to every case: to
every species of suit.
2. The other is, complication:
complicatedness of the subject matter or other
circumstances belonging to the suit. This
applies not beyond a particular class of suits,
but in the nature of things, this is unavoidably
but too extensive — Subject matter, suppose,
a mass of property: in the course of the suit,
operations to be performed on it, collection and
distribution of the component parts of that same
mass: as in the case of the disposal made of
the effects of a person lately deceased, or of a
person in a state of insolvency. Over what
parts of the Globe may it not happen to the subject-
matter on the one hand, to both debtors and
sharers in the balance, if any, to be dispersed.
So likewise where without death or suspicion
of insolvency, demand is made on an account,
by a party to transactions to which it may
happen to have been not less complicated than
the above.
In a Country cause, by this or
that accident — absence for example of a material
witness, trial, without loss of cause to the party
7.
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Identifier: | JB/081/194/001 "JB/" can not be assigned to a declared number type with value 81.
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081 |
petition for justice |
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194 |
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001 |
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copy/fair copy sheet |
4 |
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recto |
c7 / c8 / c9 / c10 |
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25981 |
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