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vItuoinsvnoD
At the time when this alteration in the Law
was made, the right to trial by Jury only existed in the Courts
of Common Law. Cases heard in the Chancery Courts and in seme
ather Courts were tried without a Jury, though these Courts
had power,
if they thought fit, to order the trial of specific
questions of fact with a Jury, but parties could not demand a
Jury as a right.
The next alteration in the law was made by
the Judicature Act of 1873 and the rules thereundery By this
act and subsequent are idments, the High Court of Chancery, the
Court of Queen's Bench, the Court of Common Pleas at West-
-minster, the Court of Exchequer, the High Court of Admiralty,
the Court of Probate, the Court of Divorce and Matrimonial
causes, and the Court of Bankruptcy were consolidated inte
one Supreme Court of Judicature. As above pointed out, trial
by Jury was only of right to parties in the Common Law Courts.
Accordingly in the rules, such right was preserved, but was not
extended te actions which though new tried in the Supreme Court
of Judicature would formerly have been tried in a Court in which
there was no right to a Jury.
The rules made under the Judicature Act of
1875 were revised in 1883 and continue with amendments in force
te the present day at home and in 1901 were embodied with the
necessary changes in the names of Courts in our local Code of
Civil Precedure.
The short effect of these rules as regards
trial by Jury is as follows:-
1.
Any party to an action has by giving the
proper notice, an absolute right te trial by Jury in actions of
slander, libel, false imprisonment, malicious prosecution,
seduction, or breach of promise of marriage.
2.
Any party to an action has an absolute.
right