CO129-357 - Governor Sir Lugard - 1909 [7-9] — Page 385

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Enclosure

3

Minute by the Crown Solicitor.

Hon. Attorney-General,

0.0 30973

RECR

GP 16 SEP 09

In 1907 and 1908 verdicts were found in the cases of Kwong Tak Hing (Insurance) and Reuter Brockelmann

with which the Chief Justice disagreed.

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(1). On 9th. January, 1908, in the Standard Oil Case

he ordered trial with an assessor instead of a Jury this is

the first of the 4 cases cited by him in which a jury was

refused.)

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In July, 1908, three applications for a Jury

were before him (the 3 cases cited by him).

(2). Imperial Bank v. Leung Shui-kong involving over

$300,000;

(3). Lau Man Cho v. Hongkong and Shanghai Bank

involving $1,340,000;

(4). Hip On v. Li Po Yung, $300,000.

In (2) Plaintiffs applied for Jury which

was refused on 25th. July, 1908.

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August, 1908.

In (3) Defendants applied - refused 8th.

In (4) Defendant to counterclaim applied,

refused 27th. July.

In each case the party applying for a Jury

lost the case, wholly or partially.

Until July, 1908, it was generally

considered that any party desirous of having issues of fact tried

by a Jury could get a jury upon paying jury fees: these 3

decisions to the contrary given within 14 days caused the feel-

-ing in favour of reverting to the old practice.

(Unsigned.)