CO129-357 - Governor Sir Lugard - 1909 [7-9] — Page 152

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149

By Section 288 of this latter

Ordinance the Summons for setting down the cause for trial

shall specify the mode of trial desired by the party

making the application.

1

1

IM.

i

By Sub-section 2 of the same

Section on the hearing of the surmons, the Court shall make

such Order as to the mode of trial as it may think fit, but

subject to the provisions hereafter contained.

By Section 289 in any action of

libel, slander, false imprisonment, malicious prosecution,

seduction, or breach of promise of marriage, the Plaintiff

or Defendant may in the summons or on the hearing of the

summons, as the case may be, signify his desire to have the

issues of fact tried by the Court with a Jury, and there-

-upon the same shall be so tried.

By Section 290 causes or matters

which would, previously to the commencement of the Hongkong

Code of Civil Procedure (this refers to the old code) have

been heard by the Court in its equitable jurisdiction,

shall be tried by the Court without a Jury, unless the

Court otherwise orders.

5.

This Section means in effect that

any cause or matter which would be properly assigned in

England

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