CO129-357 - Governor Sir Lugard - 1909 [7-9] — Page 151

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the Solicitors of the Supreme Court, and of the Attorney-

-General and Crown Solicitor, but that both the Chief

Justice and the Puisne Judge are of opinion that it would

not be expedient to alter the law as it at present exists.

3.

By Section 53 of Ordinance No. 13

of 1873 (the old Code of Civil Procedure) the trial of a

suit might, according to circumstances, take place in

either of the following modes:-

(a). By a Judge with or without a Jury.

(b). By the Full Court with or without a Jury.

By Sub-section 2 of the same

Section the summons for setting down a cause for hearing

had to specify the mode of trial desired by the party

making the application.

By Sub-section 3 of the same

Section the Court on the hearing of the summons could make

such Order as to the mode of trial as it thought fit,

provided that if either party should desire a trial by

Jury before one of the two Judges, he should be entitled

thereto as of right.

4.

This Ordinance was repealed by

Ordinance No. 3 of 1901 (the present Code of Civil

Procedure).

By