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ll' IE, . _ . . . q 0 her f 3:17". oljects were to be bonssidered---tirtt doing ontt rnuit ot a cout'i'gditlg thtu't"uehnti'.'. : grf, , justice, and second, satisfying the litigants force them to had iii yet been done 3 , . _ that they hadreccived justice. lie thought mans .systcm a At first the jurors I, ' the Legislature went quite as far as was army in tie,gle1i: ihe ci/rhbourhood of / p rrasnnable when in 1808 an Act was passed were 546(3th from ' e, n . h 3 osed to i ' ' under the Sandiirld Macdonald Administra- the parties, t1titit'21'dli1','sl'7e1' ot the ' "vC tion providing that either party might have be a"cquttinted wit d {'1de the dis mtu by ' F, ujury if he desired. By tho Administration Cage, a.utd "who It - l ir tiff oi' iii, dis "w, a 0 Justice Act of 1873 it was provided that smariug that "in" t lil',"',,", {dict Jurors {\judge might at his option strike out a fendaut was mutual}: awhile; a int-ticular ' JT1' notice, and therefore a party would be i werc'no longer so "if a 0 omiithiug of . oiiligcd .to have his case tried by njutlrw locality because they cne l f d " ad v, licther he. wished it or not. Tiler , Werc l the case 3 but, on the contrary," 'l/ICI gin?" c ises in which that was certainly desirable, i tbat they abouti not knots ""1yunn"-amv .. _ _ .' ._'. , . . . l e i-xceit what they heard iiicu ':, ly:.! as mucus tt' must municipal corpoia- the cue I I . t l t ti at if a. lurality .turtis, railway companies}, building societies, den.ce; to P31") er .0." tl I: ,m'mipiy wore ' insurance coml "nies, etc. There was Stun- ' of Judi; tf.?:' a cf"?- t "Inge" 'day life w orally a strong feeling against corporation", l t.sll.owf,rd, to glvo a venue . 1 ' .tiong'yiu joint _ , caused, he supposed, by the, fact that they m husiiiesa nintterS, st, etc t C iunciis in trcquently availed ttumtrielves ofa technical l stock ifeyly1rjy.1'r,e. 1i uiiicrpa~ . L f the i defence. But cases iii-tween individuals he . thit very (,nnin'imr, the ..,Y, atom" Orccog- , would r 'ther 'c, .0 tried by a jury of the majority controlntig tilc'lltllilOllt) Jal'd one , I whole, countrr as the phrase. Went. 'l'iicy nized as the .I'mp" .83" ttt, a" . t, A l . , ' . . 1 'xce ttiott Was in the case of JuricN ' Were a much better tribunal to try an ordi- suit: tt L I ' . ' rd torwcar ton , CLI nary cam: than ray judge, iii-came they were where twelve men were Full?" I', ltothut ( better aide to iwirrcciatc the circumstances wsrticu11rTsult--ty 1j1t,'tt.l,u0,u/1,ir1 , iiiiir, ' i of the parties, they knew better what im- All of the tr.clve men were 'd1'h1:'vrl1',i'l'l' , _t,, portance to attach to the evidence of any equally intclligfut, they ""3: not in}; the i ' " particular witness than a judge, and werc ' the same cxr)."1r.'ffe tley " ml) t J wt , ' free from that legal bins which often at, Muno "cw ot things m ',ie,1y'i'1,d'l' my" " . tat-lied to judgea and lawyers in consequent"-' there tire-lye men Were hlf try 11;:le" s l " " of their in ting for a long time in a lutrticurtr they all agreed as ty " het "I: g . or l .: _ ' {IF-0V0. it had w" ottcn ocrurrcd to him cytitleu.b'.thu verdict. P. some coon 111.5 I l that a wrong had been pcrp itruted through" tIso majority "3:3th "as P, force. J, casebvingtricd v, illiouta jury. Ile would like, Lower Canada nine Jurors could gt) ea ycr- G, therefore, to see the system of trial by iiiry dict for-the tin-ire in ct,vil, cases. the I it): . continued; it had fulfilled a very wise and Vince of heir l',Cdru,wit'ti hid {Drone illitilcl",i , , useful purpose; it had been one of the edu- for t'uvrc they . hail of"), 'l'-'?-',? dim", ' " I eating forces of the country. The Court oi four .of wly'm ."I l County to)", and i L" Chancery had done much to Impularise trial iive, 1n a ti.ytet,"", your), could "turn, a . by judges, for the Chancery Court jumps binding; \'oriilci,but in. criminal (times tm' r f . had done what most persons would say was jury hud ti, be "mmmo'w' Mr, Jus/if-' , t right,nud he supposed the Attorney-General Ritchie had told hirn--and had circa him i" had that Equity Court in view when he in- 1iVrty to rnako, use "f tly st.at?vuitc-thivt l E ' troduced his L'iil to give. judges power to so much Soli'i'd :nr'r: was felt ill New Unlim- , 9 at , dispense with ujury. lie felt, however, that wi, l in lilv' i'illlirou'li mode of trial under i 'i' lisigants Were not aim-ya satisfied that jus- this ncw l.... i it he had heard of'no dome i it; tice had been done under that provision, to V" "NIL if ti.u' old system. lhe Fun"ll l ' although, in point of fact, they might have PIN-'1" W" "KIM ltl " tlatcl, whtiv,1yt'rCl, , I... received justice. A party "light feel that a A". l ' 5(41 In lT-LS 1,yiyij'rlPf' out o: i I k, I jadge had not so good a practical acquaint- ll tst, i'1;""5 I',' f", ("'"J'SL to if," " l", i , it imic." with the nature of his suit, or sympathy dc; . All ','cr'.'rr//l," tive, 3'5" 1","); "rll *1" l ' , Ilt ' Witnhisparticularcircuinstzinces,as common "Inf p l -'tt d 'it "me l it "xi-'3 /triflt "i r, 1'... ', 'l' I t T men like 1tiuvsvlt,and,thereforc, he might be U." jury lrul PM" out {'3 11TH" thr' t'trvority l , . dissati.,:ied with the decision of the judge. might b: itrg 1tt tt vcrdir'i, 1vi)icl.1 "NH he" r -- Ifhc talked of the matter to his ncighbours lil': mm»: till-ct all thou?" it r. Ni in" It M' in. bad. feeling might be created among them in. inimou-I. ii" apprehend " tl :', "will "To! . , against the judrciary, and, thcrrforr, in the 1!" "'1I"'l"""" to IL" in": f; r.'" Contrtitrd , . interest of the iudgi a thenrsclxis, it was dc- ttttlull-lu'", whtuv tricl by .Irll l' 1'1"" "ilcd oriy ", sirable that there sht uld be a System of trial l" a liinir 'l t xl, m . h l'ruisit . by jury. He might he, ash-rd, Why hillillili the. juil,"s 15h" both ('l'il'nill-'d and r . there be it did] rcnce in the trial of issues in cis il tu't:i f1, and in TN" if, tid by a the Common Law Courts from the trial of} jury Wil", We" " lt, IT syr't'utt. 'l Int Lord "may in a Court of Equity? llc admitted] c'huni'tllirs' of 1.12;! and Cyuu'rrcy " the hotel , t that there was some it rcr in the olJtiion, tll, Ilo (/erillé" would i" "W19 inthrsyst, " l a p but, the ttnswer was that Chancery judge; in r', "in. l. Baron liianiiieii ;:t\'i' a: list a . might send cases which ought to be him by t'Y . an" tl at cormralion case» should not 3 il iuxies to the Common Law Courts in order in: tii<"l iv, jutsi 'u; but there "a: no dialog. , , _ that they might he so trad. in inn in Li,. 'Hl"l "7' L,uh" "ll." tirvi.tyc -'" Cty i that respect there, had in?" a funici an: ulnhillzil," "r',' t'rrli"r'l'tl 'd, irut tr,, . i :_ of the (toasts, but a uniform syrts'rn sold-ct hid been i'cin'ntwdiy dis. i: ' of pleading "an wanted,and perhaps tr-, cursed there "In? 1H5. Anetiicr l Attrrncy-Grrwral would think it proper rr rd of thc hi" ttt syMrnt o',' "Huiiiuiiiv ', . introduce the same system of plfizding into bi,'t, that juri"s i'rrupsntly 1lisugrrtd, and C:1 the Chancery Court as picvailt d in the in ii'l.t case the Whole expi ll'il,' ol iiiiguiiiin ' Courts of Common Law. The, (\iiji't'i. of hi; _ was thrownaway,nuone brill: made, any Bill was to preserve tl ejttrr system, which i the "riser, and the Blli' "indium; in thiv a" be thought had been of areal benclit to this i mine ataic as i,cforit. Ycry often (no or ' country, and should he very rclucttuitly iwo p~r..on.' could pi'ci'mt the jury arriving parted with. That feature of the system N. l at a Verdict, and wi-re thus aide to den-at quiting twelve men to give a decision he joules, an.» Hartline-4, tho'lgh a lilillli rhrarded,howt:vfr, as a blemish, and the _ inlaid. tut " with l, ."*'t by the i rd Bill before the llouse p ovidcd that after, i iiilstililiit of one tv'ttyo jurors it might b, I one hour if clevui jurors agreed they might) t mi l Ii. it he would be than of all th ' sul-l r, give a verdict in respect of the twelvui i stimn:vl rcliri' he ought to ei-t. fltr, dam I _ After two hours ten, and after three hours , i say that ill? Would its told that thrill you a.) l nine, might bring in a Ycl'tiii'ti i.l,".' iii n it .- a ll:"il'ill.'l' of thiv,' Ii,ud--thvn i 3" which would be considered as the I l the judges were, anoint ii. :lis ililprgi. verdict of tho twclve. The on- I Milli wan~ that the judges would bo, i ject was to procure a discussion amongi l tunnel tn in: "'ert m y chaotic, irw tho jurors, and be helichd the result m- which they thirdly lizul a iii:li;.l- i rivcdat by amajority of twelve intelligent i '.uwicrs Wt'l't' in " betir position Iii mun, after they had fully discussed a case, i p in '-.l\"'_till' l l ii chem o; the present Wei livould be one with which litigants would l,tcrn hour ilic'r conversations wiih thciiw " l, n sutieticd. It was Sometimes the case that clients and their 1'ir;',liiZrt.'t"s) of many of thrs i i, at the end of an hour all the jury agreed in, ilii'ili'n oftlrcjurr-box. llcwas not aware, it with the exception of one man. After two what, the view oi the. judicial bode was rm i I hours an? 1t'd might fconvilnec another to to a iiu'viiui'e oi this hind , hut, th(orcticuhj, think as ne i ant a tort wee hours an- m..-------- - L ' '.. F , "sr/r.,, , -. -d-d I other. If a. juiiy did not agree after three tcolrrihoo on "mum "us). i I hours: the chances Were that they would not , agree without coercion. In the old times _ ajudge might drive the jury in a cart from _ , ' ,