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102
to demand a trial by Jury. It is now submitted that the old
practice prevailing under Ordinance 13 of 1873 (quoted
above) should be revived, and that either party should he
entitled as of right to have an action tried by a Jury,
This practice prevails in His Britannic Majesty's Supreme
Court for China and Corea; and Section 92 of the China and
Corea Order in Council of October 24th., 1904, provides
(1) that, subject to the provisions of this Order every
action in the Supreme Court which involves the amount in
value of £150 or upwards shall, on the demand of either
party in writing, filed in Court seven days before the day
appointed for the hearing, be heard with a Jury: (2) that
any other suit may on the suggestion of any party at any
stage be heard with a Jury if the Court thinks fit: and (3)
that any suit may be heard with a Jury if the Court of its
own motion at any stage thinks fit.
It is now suggested that this
practice shall be brought into force in this Colony as it
has, I am informed, been found to work exceedingly well in
Shanghai.
9.
It may be said that there are
frequently actions pending before the Court, which it is
1
undesirable to try before a Judge and Jury,
and which are
properly
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