TRIAL BY JURY

Evening Post, Volume CXVIII, Issue 35, 10 August 1934, Page 11

TRIAL BY JURY

CIVIL PROCEDURE

With the object of giving Parliament control over the law of trial by jury, Mr. F. W. Seliramm (Labour, Auckland East) has introduced the Juries Amendment Bill in the House of Representatives. In moving today for leave to introduce tho Bill, Mr. Sehramm said that tho measure was designed to have the law of trial by jury fixed by the Lcgislaturo instead of under the Code of Civil Procedure. The Bill restored the law to what it was before Deeembor, 1924. .Ono clause of tho Bill provided that in any action in tho Supreme Court in which the only relief claimed was paymont of a debt or pecuniary damages not exceeding £500, or recovery of chattels not excocding £.500 in value, cither party might obtain a jury of four; If the debt or damages or value of chattels claimed exceeded £500 it was proposed that the action should bo tried before a Judge and a jury of twelve, unless both parties agreed in writing to a trial by 3 jury of four or without' a jury. Another clause provided that every action for personal injuries founded.; upon a breach of contract, expressed or implied, should bo triable by a Judge and a special jury. In such a case it was proposed that tho jury should comprise persons engaged in tho occupation in connection with which tho plaintiff was injured. Mr. Schramm said that under the Code of Civil Procoduro' tho Judges had gono further than was intended by the legislation, and ho wished to ensuro that the question of trial by jury was laid down by Act of Parliament.

Mr. W. P. Endean (Government, Piirnoll) said Ihe considered that tho present law was an improvement on the old ono. and ho would oppose tho Bill. ■''...-

Tho Bill was introduced and read a first time.