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THE AMENDING JURIES ACT.
TO THE EDITOH OF THE ARQÜS.
Su -I would ask joui leave to say a few woids on the subject of the îecent legislation with legaid to junes and tire lemaiks of Mi
Justice Williams theieon Hie piinciple of making a nidge the judge of fact as well as of law has been established m the superior couits of common law in England for neatly 20jcais Ihe 1st section of the Common Law Piocedure Act 18.1 piovides for it But inasmuch as a tlnee fold consent m wiitmg-namelj that of th» judge and of both the paitiea-baa to be obtained befoic the judge can exercise the func lions loth of judge and jury the section has lemaiued almost a dead lettei Itseeined desnable then to endcwom lo pievent i similar faihno m this colony and to lay down the bioad piinciple that meveiy iction in the Sui i erne Cmut the judge should ti y the facts without a jui-j unless eitheip.ity gave notice to his opponent tint he wished to have the questions of fa.t de.ided in the ancient and costly manner _\oi vv is this done without a due îegaid to the feelings of the judges loi the sections which I mtro dtiLcd into Mi Ramsays liicasuie last ses sion t,ivc the judf,o who is to ti y the case the i owci of insisting upon having the aid of a jin j notwithst induit and m opposition to the wishes of the j allies most inteiested namelj the litigants themselves lins low ci it waB hoped the judges would but i uelj tnd then onlj foi tiavc îeasons c .eicise Upon the ruling of Mi Tustice "Williams I do not piesume to make any comment but I may .entine to express the hope that befoie Paihament meets the do cisión of the full Couit may havo been ob tamed ui on the subject in oidei to ascei tain if any fuithei lefeisl ition nmj be neces sarj and if so what foi m it should take Anioi g Oie many obvious îefoims winch aie nciessaiy, and I Ulis, imtmnont in otu svslcin of common law piocediuc tins is one of the most appaient and I may be pei
untied to add that this among others was jointed out bj nie in the address which I
v is asked to dehvei upon the establishment
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lime uuu. JVUIÖ, «e.
F. STANLEY DOBSON. 24 Tcmplc-couit, Maich 7.