CO129-366 - Governor Sir Lugard Acting Governor May - 1910 [4-5] — Page 402

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Memorandum on the proposed amendment of the

Code of Civil Procedure, Sections

288 te 294.

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The Law with regard te trial by Jury is in

Hongkong now, the same as in England. It is now proposed to

alter that Law and to give either party to any action to which

the Code of Civil Procedure applies, an absolute right to trial

by Jury in any case. It seems to me that before this alteration

in the Law is made the attention of those responsible for the

change should be drawn to the history of the Law and to the

reasens which have led to the few limitations which are put

en the right of parties to a trial by Jury in England.

In the year 1850, Cermissioners were ap-

-painted to enquire into the precess, practice and system of

pleading of the Superior Courts of Law at Westminster, (1.0.

the Cormen Law Courts) and these Cermissioners made three re-

-parts on which the Common Law Precedure Acts of 1852, 1854 and

1860 respectively are founded. In their 2nd. report the Con-

-missioners expressed their opinion that in a large class of

cases the intervention of a Jury from its inability to deal

effectively with them was unnecessary and in other cases mis-

-chievous.

The Carmissionerș, however, hesitated te

recommend that trial by Jury should be superseded, except in ø

cases of mere account, unless the parties themselves preferred

that their case should he tried by Judge alene and the Legis-

lature adopted this surgestien, (see formen Law Procedură Act

of 1854 Sec. 1).

Up to the date of this Act, actions in the

Common Law Courts were tried with a Jury with one exception,

namely, that where there had to be made any prolonged examina- -tion of document■ or accounts or any scientific er local

investigations which could not in the opinion of the Court be

conveniently

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