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according accused action admitted agreed allowed amongst ancient Anglo-Saxon answer appear applied appointed assise attend authority called cause challenge charge civil committed common compurgators consider conviction court crime criminal decided defendant determine directed doubt duty effect England English established evidence existence fact give given grand granted guilty held hundred important innocence inquest instance institution issue judge judgment judicial jurors justice king knowledge land libel Lord matter means mentioned mode nature necessary notice oath objection occurs offence opinion original party period persons plaintiff practice present presided principle prisoner proof proved question reason record reign respect returned rule says Scotland seems sheriff statute sufficient summoned sworn taken things tion trial by jury tribunal tried true truth twelve unanimous verdict whole witnesses writ
Side 332 - Constitution for the United States. The best judges of the matter will be the least anxious for a constitutional establishment of the trial by jury in civil cases, and will be the most ready to admit that the changes which are continually happening in the affairs of society may render a different mode of determining questions of property preferable in many cases in which that mode of trial now prevails.
Side 333 - In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence ; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
Side 333 - The trial by jury is justly dear to the American people. It has always been an object of deep interest and solicitude, and every encroachment upon it has been watched with great jealousy.
Side 265 - But where the act is itself unlawful (as in the case of a libel) the PROOF of justification or excuse, lies on the defendant ; and in failure thereof, the law implies a criminal intent.
Side 454 - Kingston-upon-Hull, or Newcastle-upon-Tyne, and all Masters of Vessels in the Buoy and Light Service employed by either of those Corporations, and all Pilots licensed by the Lord Warden of the Cinque Ports, or under any Act of Parliament or Charter for the Regulation of Pilots in any other Port...
Side 170 - The triors, in case the first man called be challenged, are two indifferent persons named by the court ; and, if they try one man and find him indifferent, he shall be sworn; and then he and...
Side 334 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Side 459 - The Homilies, with Various Readings, and the Quotations from the Fathers given at length in the Original Languages. Edited by GE CORRIE, DD Master of Jesus College. Demy Octavo. Js. 6d. Two Forms of Prayer of the time of Queen Elizabeth. Now First Reprinted. Demy Octavo. 6d. Select Discourses, by JOHN SMITH, late Fellow of Queens