Odger's English Common Law

CIVIL PROCEEDINGS. 49
not disclose this till the trial. In actions of much intricacy-
there are also other interlocutory proceedings before the
trial, such as disclosure of documents and answers to inter-
rogatories. Civil actions are tried by a judge either
with or without a jury. In many cases either party, if he
applies in time, can obtain a jury— special or common. At
the trial one party or the other obtains a judgment, which
he may enforce by execution against the property of his
opponent.
The judge at any trial, civil or criminal, directs the jury
as to all points of law, but leaves them to decide all questions
of fact. In his summing up he advises them as to the bearing
and value of the evidence brought forward by either side.
It is the duty of the judge to declare the common law and
construe the written law; he must state to the jury in general
terms the law applicable to the case before them ; he may
accompany this statement by any observations or explana-
tions which he deems, material. But on the trial of an
indictment, only the jury can find the prisoner guilty. It
is they who have to say, on the facts proved before them
and on the law laid down by the learned judge, whether the
prisoner is " Guilty " or " Not guilty." So in a civil action,
if there be conflicting evidence, on which the jury might
reasonably find a verdict for either the plaintiff or defendant,
the judge must leave the issue to them; he cannot decide it
himself. He may, if he thinks fit, state to them his opinion
on the matter. But the jury are not bound to adopt his
view as to any question of fact. They are bound "to
accept the law as laid down by him ; but it is for them, to
determine the issues of fact according to their own opinion
of the evidence given before them, even though it may be
contrary to the opinion which the judge has just expressed.
These and many other matters connected with procedure
both criminal and civil will be found discussed in Book V.
under the head of Adjective Law. It is as true now as it
was in the time of Sir Edward Coke that " every subject of
this realme, for injury done to him in bonis, terris, vel persona,
by any other subject, be he ecclesiasticall or temporall, free
b.c.l.
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