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Memorandum on the proposed amendment of the
Code of Civil Procedure, Sections
288 te 294.
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The Law with regard te trial by Jury is in
Hongkong now, the same as in England. It is now proposed to
alter that Law and to give either party to any action to which
the Code of Civil Procedure applies, an absolute right to trial
by Jury in any case. It seems to me that before this alteration
in the Law is made the attention of those responsible for the
change should be drawn to the history of the Law and to the
reasens which have led to the few limitations which are put
en the right of parties to a trial by Jury in England.
In the year 1850, Cermissioners were ap-
-painted to enquire into the precess, practice and system of
pleading of the Superior Courts of Law at Westminster, (1.0.
the Cormen Law Courts) and these Cermissioners made three re-
-parts on which the Common Law Precedure Acts of 1852, 1854 and
1860 respectively are founded. In their 2nd. report the Con-
-missioners expressed their opinion that in a large class of
cases the intervention of a Jury from its inability to deal
effectively with them was unnecessary and in other cases mis-
-chievous.
The Carmissionerș, however, hesitated te
recommend that trial by Jury should be superseded, except in ø
cases of mere account, unless the parties themselves preferred
that their case should he tried by Judge alene and the Legis-
lature adopted this surgestien, (see formen Law Procedură Act
of 1854 Sec. 1).
Up to the date of this Act, actions in the
Common Law Courts were tried with a Jury with one exception,
namely, that where there had to be made any prolonged examina- -tion of document■ or accounts or any scientific er local
investigations which could not in the opinion of the Court be
conveniently
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