CO129-366 - Governor Sir Lugard Acting Governor May - 1910 [4-5] — Page 407

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Enclosure

Prince Buildings,

sir,

403

Ice House Street, mengkeng, 15th December, 1909.

C O

17521

RECO Rege 10 JUN 10, Bill for Amandment of Code of Civil Procedure.

I have the honour to draw your attention te

the passage quoted below from the judgment of Mr. Justice Bigham in a case decided on the 28th. October lasti Mr. Justice Bigham was one of the ablest of the Common Law Judges in England with especially large experience in commercial cases and is new President of the Prebate, Admiralty and Divorce Divisien of the Supreme Court. In the judgment referred to, the learhed Judge after deciding that under the circumstances the Court had a discretion te grant or refuse a jury continued as follows according to the report in the Weekly Notes, 1909, page 220:-

"If the questions to be decided on this

"petition were simple questions of fact, ↑ should probably "accede to the petitioneris application for a jury. But they

"are by no means simple. Mr. Bankes peinted out, inter alia, "that a very large body of evidence has been taken abroad, end ★

*that in the course of the reading of that evidence questions **f admissibility will have to be discussed. He also said that

"about 180 photographs of original documents are exhibited to the depositions, and some of these will require minute examina-

"-tien. I do not think all this can conveniently be done by a

"jury of twelve men. I know the difficulty of keeping the "attention of twelve men upon evidence, the reading of which "may occupy some days, and I know the inconvenience and the "prejudice which may arise in discussing before them questions "such as the admissiblity of evidence. It is said by the

"petitioner's Counsel that questions affecting the character "the petitioner have been raised in the course of the case, and

if the "that such questions ought to be submitted to a jury,