CO129-179 - Governor Hennessy - 1877 [9-12] — Page 70

52.

69

$3

It lacks the precision and certainly

the

of

the old Common Law and Equity; Frocedure especially as regards pleading. It is a very long way from being same as the present procedure. aud practice at home; so far removed. from it that decided cases reported the various clauses

in the books on

of

the English Judicature Act and the

Rules and orders thereunder are valueless

here. And no rules and orders have

Ever been drawn ups under the to de. here so as lo establish a practice. At present it is a chaos of little

better. It must be revised soon and

when it comes under revision. I.

would venture to suggest that

trial

bral by Jury in civil cases where.

chmèse are concerned should be done.

aways

with. The Juryy have not an idea si comision with the Chiriaman.

They have no commow

common thand,

stand point

from which to view him and his transactions. All that by, play between

Counsel and witices that so instructs

A

a fury

when both are

English

in lost an

a Jury in Hongkong

in Chritse Caslo.

The witness is impossible. There is

410

play of feature to enable judge.

and

jury to read between the bies of his roidence; all the equivocations, rvasions, verbal fencings with the question deemed so valuable at home. are unless here. The interpreter and

the