!
[
the Court required a prolonged examination of ancient
documents of a peculiar character or where the issue was
one requiring scientific investigation. I am advised,
however, that the Court here does not interpret this rule
in accordance with the practice prevailing in England. The
party, who does not desire a Jury, has only to put forward
the argument that there are certain Chinese books of
account to be investigated and on that score a trial by
Jury will be refused, although in the same case there may
be several important issues of fact which ought to be
determined by a Jury, some of these issues of fact possibly
arising out of the investigation of accounts. The rule is
the same as in England, but an entirely different interpret-
-ation is put upon it here, for in England it is not made
an instrument whereby the Court can refuse a Jury, as it is
in this Colony.
By Section 291 in any other cause
or matter, on the application of any party thereto for a
trial by the Court with a Jury of the cause
or matter or of
any issue of fact, an order shall be made for such trial
accordingly.
8.
Under these Sections (289 to 291,
which must be read together) there is not a general right
to