R. Appendix R
If we attentively examine the constitution of the jury as
introduced into civil proceedings in England, we shall readily
perceive that the jurors are under the immediate control of the
judge. It is true that the verdict of the jury, in civil as well
as in criminal cases, comprises the question of fact and the
question of right in the same reply; thus -a house is claimed by
Peter as having been purchased by him: this is the fact to be
decided. The defendant puts in a plea of incompetency on the
part of the vendor: this is the legal question to be resolved.
But the jury do not enjoy the same character of infallibility in
civil cases, according to the practice of the English courts, as
they do in criminal cases. The judge may refuse to receive the
verdict; and even after the first trial has taken place, a second
or new trial may be awarded by the Court. See Blackstone's
"Commentaries," book iii. ch. 24.