CO129-029 - Bonham - 1849 [4-7] — Page 25

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

22

in which those under $100 are disposed of, much benefit would ensue, and the plan would go far to obviate and remedy objections made by the inhabitants to the present system.

7.

The only objection that I have heard made to this Ordinance is that it abolishes trial by jury. To this objection I personally pay little attention, for I confess I have a greater respect for the opinion of an upright, educated, and professional Judge than I have for that of half a dozen individuals who may frequently have an interest in cases from a collateral issue, and all of whom in a small Colony are likely to know something of the case before it comes into Court, and to a certain extent to have made up their minds on its merits. In fact, had I been here when the Supreme Court was established, I should have objected to any Jury in Civil cases at all.

In the Supreme Courts in Calcutta, Madras, and Bombay, and in the Straits, no jury in Civil cases is allowed. At the former place, the Grand Jury list alone contains a larger number of names than all the inhabitants of this place together, who could be possibly put on a Jury; and if the population of that city be still considered too limited to have juries in Civil cases, the application of the same principle to this Colony need not be insisted on. At Singapore, the principle also works well, and I say that if your Lordship be pleased to recommend the confirmation of this Ordinance, a boon will be conferred on the inhabitants generally, and more especially on the Chinese, who form the majority of their disputes, or will then be enabled either by themselves or by their friends to have them settled.

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22 in which those under $100 are disposed of, much benefit would ensue, and the plan would go far to obviate and remedy objections made by the inhabitants to the present system. 7. The only objection that I have heard made to this Ordinance is that it abolishes trial by jury. To this objection I personally pay little attention, for I confess I have a greater respect for the opinion of an upright, educated, and professional Judge than I have for that of half a dozen individuals who may frequently have an interest in cases from a collateral issue, and all of whom in a small Colony are likely to know something of the case before it comes into Court, and to a certain extent to have made up their minds on its merits. In fact, had I been here when the Supreme Court was established, I should have objected to any Jury in Civil cases at all. In the Supreme Courts in Calcutta, Madras, and Bombay, and in the Straits, no jury in Civil cases is allowed. At the former place, the Grand Jury list alone contains a larger number of names than all the inhabitants of this place together, who could be possibly put on a Jury; and if the population of that city be still considered too limited to have juries in Civil cases, the application of the same principle to this Colony need not be insisted on. At Singapore, the principle also works well, and I say that if your Lordship be pleased to recommend the confirmation of this Ordinance, a boon will be conferred on the inhabitants generally, and more especially on the Chinese, who form the majority of their disputes, or will then be enabled either by themselves or by their friends to have them settled.
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22 in which those under $100 are disposed of, much bencfit would ensue, and the plan 1. go far to obviate and remedy would-gef objections made present system... 7. the by the inhabitants to the The only objection that I have heard made to this Ordinance is that it abolishes trial by jury. To this objection I personally pay little attention, for I confess I have a greater respect for the opinion of an upright educated- and professional Judge than I have for that of half a dozen may frequently have individuals who interest in cases. an · from a collatiral issue, and all of whom in a small Colony likely to know something of the Caso are before it comes into Court, and to a certain extent on its merits to have made up. their minds In fact, had I been here when_ the Supreme- Court was established, Ishould have } any Jury in Civil cases at all. objected to any Jury is In the Supreme Courts in Calcutta, Madras, and Bombay, and in the Straits, no jury in Civil bases is allowed. At the former place, the Grand. Sury list alone contains a larger number of "names than all the inhabitants of this place together, who could. be possibly put on a. Jury; and if the population of that city be still. considered_ too limited to have juries in Civil cases the application of the same principle, to this Colony need not be insisted on At Sugapon the principle also works well, and- I - say that if your therefore do not hesitate to Lordship be pleased to recommend the confirmation of this Ordinance, a beon will- be conferred on the Inhabitants generally, and more expecially will then in a disputes, or on the Chinese, who onst majority of their be enabled either by themselves - by their friends to have them settled-
2026-05-17 10:43:21 · Baseline
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22

in which those under $100 are

disposed of,

much bencfit would ensue, and the plan

1. go far to obviate and remedy

would-gef

objections made

present system...

7.

the

by the inhabitants to the

The only objection that I have

heard made to this Ordinance is that it

abolishes trial by jury.

To this

objection

I personally pay little attention, for I confess I have a greater respect for the opinion of an upright educated- and professional Judge than I have for that of half a dozen

may frequently have

individuals who

interest in cases.

an

· from a collatiral issue,

and all of whom in a

small Colony

likely to know something of the

Caso

are

before it

comes into Court, and to a certain extent

on its merits

to have made up. their minds In fact, had I been here when_ the Supreme- Court was established, Ishould have

}

any Jury in Civil cases at all.

objected to any Jury is

In the Supreme Courts in Calcutta, Madras,

and Bombay, and in the Straits,

no jury

in Civil bases is allowed. At the former

place, the Grand. Sury list alone contains a

larger number

of

"names than all the inhabitants of this place together, who could. be possibly put on a.

Jury; and

if the

population of that city be still. considered_ too limited to have juries

in

Civil

cases

the

application of the same principle, to this Colony need not be insisted on At Sugapon the principle also works well, and- I -

say

that

if your

therefore do not hesitate to Lordship be pleased to recommend the confirmation of this Ordinance, a beon will- be conferred on the Inhabitants generally,

and more

expecially

will then in a

disputes,

or

on

the Chinese, who

onst majority of their be enabled either by themselves

- by their friends to have them settled-

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