10 Feb y 1807

Letter IV

Resolut. 6.7.8.9

Juries

1. Delay

To this /Objection/ it may be objected, that when it happens to a cause to undergo adjournal, which can not be for /to/ a less distant day than the morrow, here comes instead of the 5 minutes as many as there are in the 24 hours.

True: but per contra, neither would neglect be properly bestowed, upon a large proportion /[...?] of/ borne by undisputed to disputed causes

Here, in the example taken as above from natural system, as administered in a Court of Conscience, the attempt to disengage /disentangle/ the number of the one from that of the other would require neither[?] too much supposition as well as calculation.

But, (what is better, /will be found still more apposite) let us take an example directly from technical procedure, as administered under the Jury system an example afforded us by the House of Commons Committee, whose Report bears date 2 d April 1792 in the subject of imprisonment for debts.

Baillable writs (p. 19) at that time annually

issued in

In Middlesex 9500; in London 3,055: 12,000

together 12,555, say to sure fractions ............

This it is true gives but a part of the whole number of actions commenced: but let it be taken for the whole. (Actual arrests made under these writs 5,500.)

At this period the number of cases tried or set down for trial within the same jurisdictions was assuredly[?] for that of 2000: from the result of the best enquiries that I have hitherto been able to make I should suppose short even of 1,000: I mean at that time: for they have undergone /received/ a prodigious increase.

but say ..................................... 2,000