Trial by INSPECTION, or EXAMINATION, is when, for the greater expedition of a cause, in some point or issue, being either the principal question, or arising collaterally out of it, but being evidently the object of sense, the judges of the court, upon the testimony of their own senses, shall decide the point in dispute. For, when the affirmative or negative of a question is matter of such obvious determination, it is not thought necessary to summon a jury to decide it; who are properly called in to inform the conscience of the court of dubious facts; and therefore, when the fact, from its nature, must be evident to the court either from ocular demonstration or other irrefragable proof, there the law departs from its usual resort, the verdict of 12 men, and relies on the judgment of the court alone. As in case of a suit to reserve a fine for non-age of the cognizor, or to set aside a statute or recognition entered into by an infant; here, and in other cases of the like sort, a writ shall issue to the sheriff, commanding him that he constrain the said party to appear, that it may be ascertained by the view of his body by the king's justices, whether he be of full age or not: Ut per aspectum corporis sui constare poterit iusticiariis nostris, si predictus an sit plene ætatis necne. If however, the court has, upon inspection, any doubt of the age of the party (as may frequently be the case), it may proceed to take proofs of the party; and, particularly, may examine the infant himself upon an oath of voir dire, veritatem dicere; that is, to make true answers to such questions as the court shall demand of him; or the court may examine his mother, his god-father, or the like.
Trial by INSPECTION
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