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_ t t i ___.-..-.------------------------------"' he thought the Bill should receive thfi'buS- l discussion was Concerned whether the SYs- sent of everr.Pemyer of the House. are I tem of selecting jurors was expensive or was the evil of. compromise in if; I Whether the jurymen Were intelligent, as present svstem; ajuror sometimes PREV" l this Bill did not propose anv ' agreeing to a verdict, "all tles? li, fell; :clinngcs in that respect; it only pro. v , science did notrommend lt, to being locked posed to complicate instead of ro- . up all night. The rv,ultin that case was move the existing machinery. (Cheers.) to make a man do violence twins COUECWH'J"i Since the Bill had been introduced he had , ' as well, perhaps, as l? .defea,t, the_ ends ol endeavoured to discover the extent of the l justice. Ile was "f"'sm'd "WW "3, most evil which was complained of, and with a l cases the do NW! of the ',"l,1ll?1-..r, Iel.8 Ive [ satisfactory result. During the Autumn " i the correct unc, and would be satisfactory to I Circuit of the Assize Court and Court of litigator l Nisi Prim there had been CM eases entered Mr. orZM'UN did not like very Well to see for trial, and out of that number there were I ' the old sysuunur' trial by jury ttst, rrcrcd with ': only disagreements in five jury cases. L' g, in this nttuiner. _ Mr. BL"1'l1UNFl-How many of the 537 " You 1"th argued that although the spirit. cases were jury cases? I , i, l of the "ill "ltd". t.iicyustytt Wm." nut fl.'; Mr. HARDY had not been able to ascer- 5, Corinneud melt to the legal TP'),??',"',? yct'lt tain that fact in the short time the statistics d dul to tin: connnui sense of. the country. . were being prepared; but he ventured Thi lu'oiro.x'-'d mwlc ot dctcrmiuing the "up to ray that if tho House got at, ' dict.; ot My 1hty,C'tl had be". 1ty.y'.:1t.'sf11 the bottom of those five cases, it would be 'r wlutrvc:r.tri" lic l"'1""'"d thc'..iutys acted discovered that substantial justice had been ' l to ttcertain t'.xti'i.st as a bat.' to jurtice.. In done. The Superior 'v'otnt.judges had also . i support of thisvrew, he said that m a gum? been written to, and he had received ten f period 1,03.» pr1_,.onc;-s had Leer. brought he: answers; and all but one were unanimous i tow the County Judges. A" that humbei in condemning the proposed change. They 's y?eif1'.ted to be tyicd Without JUll'fh, out} contended that no grievance existed, and i . L' 727 ol the number Were convicted, and? _ argued that when jurors disagreed it was'i I . . the. rcuiuurttug 2:3 who "a? "in 1 because they had good reasons for so doing, I ' _ 3 by Jury Ill were T ac'lmllwh i, wttl, and justice was usually done. The Chief l, 'F F id"? "WC'M'W that the stondurd oi Justice of the Court of Common Pleas, a. , " Juries should be tlcet1.1l., as at tbotsctut man of wide !yxperiettce, stated in a litter . 7 l T timttu.e "gig" 'tutfrnirii Wlth' not Irom thc that the disagreement of juries was not l ' , t most .iutulisciit' classes. tiiwcral other of such frequent occurrence as to i.r objecoyy Fire Mild" by til? hon. Sim"? be agrievance; and when disagreements man, and all'dn'g them that the mun )er of dui occur they wore generally on criminal l 1 Jttrrmen summ6twd to the Courts was too cases. In the case of civil actions, the l H large. lleszugcested that notice of alljury judge was not prepared to say that such -. ( '13 cases should begin-n to the Clerk of the ditiagceernct1ts at all interfered with the ', a Courtat 132st titteen days lrifuprtttyyypr cause of right, for juries seldom disagreed l " ing orth- t'Jurt; and by thht sit-537; same when a clear cause had been shown. Be _ j. idea of the number of jurymen required (the judge) feared that a Change involving ' ' could be approximated. At Goderich, last the majority principle would increase the ' . December, twenty-four grand jurors, were tendency of the jurors to give excessive 1 summoned, and forty-eight petit jurors to damages. While thejudge was strcnuously try one (use, which occupied a Very short posed to the sliding scale, he. preferred, if _iincinrcing'ctr,posedot'. a change Were-made, that a fixed ma- i Mr. "ARMY, referring: to the remarks of jority after a retirement Cys many hours r ity.'. hon. hum," for Huron (Mr. 1'soss), should be sulhercnt. ."hy should the thoughthc had than wrung in disrmssing House d:part noun a 1rrirwiprc1.in thejury the Jury system generally; although he ad- 1 system "inch prevented eXCC'fih'1VC, damages 'r, initial that in doing; so, both this year and being Mlven , _ Jurors were frequently rr last, he (Mr. "USN; had given much valuable carried away by the last. word and tb.eablest - i infonnation to the Jlousv. There was a counsel. Jlo (Mr. Hardy) had been told V prrrrtical question involrcd in the llill, and that the hon. msunlyer for Pembroke (Mr. , tin-n- ""5 a {tactical side to it. Whatever Deacon) possessed such boundless influence might be sdul vt' my. thrurry in, and the , over loz-al juries as to gctavcrdict m almost 1 . , whit; (if, "Xi""3""5 irrvlv" Ittra11 to gisre a I any case; and hent'earul that the result of , unanimous verdict when shut up in a room, the Pf'rbu'n't' of this l',ill, woulf be t.h.at the I wl itil Moll'il not he expected front twelve ablest counsel would have it all y.s own men at large. it ttHPI b, admitted that, way. A power would'lie placed m Ile , wh -u tLt2r more to examine into the i hands of the. counsel which Would. bt/icuii- 'l "whim; of thut sy-'tt I", it Wit.n' fottr.d to have I mental to the administration ot justice in ' worked well, to have worloul admirably, tIns country. Although the Juro:'s ot ' and to have u'wrlwl murh better than it Ontario werens conscientious and honest M ~ would in", been "hphwl to work. The," those in the older countries, yet in. those 3,7,," , ,, mmrvin'nit'ttl that the Ilouse would countries where the standard of selection was F% not i: [dill the e\:i~'tin'.: state of atrairs un- hichcr nine or ten ofthe jurymen could l" , lccs mint-ism reasons wore assigned; and 'r/r/i/ttii/dad to return a mujority terd.ict . such, he contended, was not given in this; m lien eta ulrmlmoru "Prd'Ct- Relerrzng' , raw. Tim was a question which appealed t.o trrt.ial Juries, he traid that 1o..y-as,i1/5 . . to the alt-at bulk ot the pcoplc--ro the, j,yyti's1it1.:T'tif. more than.they Ild; 1'he. i'lwls who a," chosen from among the bust. I CitiefJustice ofthe Court ot Queens 1ly,e'h tiers men, the tpeltats.ics, or an; firoyp t,r.iy,1e't,e,a,1,t who, wlaen _aIf',.t.1.yi,ly,.ey,tr,t had tr oft/e mum"; a'dl it thei': had been any ulnttenltn defence of the very puncrple of , real grievance expcrii urcd it would have . 1' H8 Bi 13mm): that his caper-lento as ajutlgc C' been suppi sod that some complamt or son tad taug'lt him that it would be a calamity ' petition would have been made to thc ,tofmake _i/y'h_i1. change. .In h," letter he e ihmse, but such had not been done. Wm, stoted that o)ryttu1.jysi.licc' resulted from a I , there really a grinvauec in tthe matter',' I lt.il1re".)cucit-1.fa1.if. "fem had been an , They had h systcm which was-well known. l agreem- at in certain . cases. lilr. , "ill undcr:itoinl, tusd which had btuert lent; l i Justice Wilson argued that it was unfair to atlxaiim'ered-a system with which ti" l, 'Compcl twelve. Jurymen to agree upona jtoigt's "'th 1smiiiar, and with which tl l verdict, but..tliy are uot compelled to agree f Jurors Were acquainted. There was another upon * Verdict. . In past days tht.practice _ advanta'ce in the present system, and the; "as .to lock Juries', up until they din agree, was that there Was u. degree of certailn but m the present thy. they were only lock- , about the unanimous decisions which had 1 ed up a reasonable time, and on falling to r betoniciivicf1tvt. ("my") Any man who agree they were discharged. _ 1ue..r.: thli. into Court Nth a cause had to be 30 llardy) proceeded to argue that Nora hcoua bulrc of his huh, and evidence as h, and Quebec were not fytyit.ric's.wuyti,t cxpe- , i be ccttaitt that he could bring rlences wouldju-dify Ontario on following i twclw men to a unanimous opinion 1,hfiJ...reyyytr, cspccially as m the latter i, With the decision of twelve men there Was a. l rovinec the result of the syvtr'm had been 7 di'gl'cc of certainty which was not experi- that so many appeals had fullon'cd theuu- 'C" [curred when the sliding scale was adopted. certainty ot thtrf'cii.iie? that the jury The certainty of the decision was the most Tsu'!". "a" namely falling into disuse eonlmfiendahle feature of the present system, :1: c,cfi:i,b,rt'i),io,',,t,,: l " with??? 33:):1'333 um t that Wa.' ' _.. nr- u H W0 SW"? , I , 'g 1 than." in 'r:rt11e,"/'t1'i'auh?,iyt'l1Tiief, favour of the unuvimiiy ot the verdict, and l , _ away with. It did not matter so far as this i l V l ," l, p, , "