TRIAL BY JURY.

Manawatu Standard, Volume LVI, Issue 200, 24 July 1936, Page 11

TRIAL BY JURY.

EXTENSION OF RIGHT IN CIVIL CASES. In the House to day Hon. H. G. It. Mason moved the second reading of the Judicature Amendment Bill. The Minister said that prior to 1925 the people had a greater right to trial b.v jury than at present. He explained that there was nothing in the Bill dealing with criminal trials; the Bill dealt purely with actions between parties. Prior to that year a claim for less than £SO was tried by a Judge, between £SO and £SOO hy a Judge and jury of Jour persons, and for more than £SOO by a Judge and jury of twelve. Recently the right of trial hy jury had been seriously curtailed —too much so in the opinion of those handling cases in Courts, and the practice of having casts heard hy a Judge alone had not proved satisfactory. The legal profession favoured the old system, to which the Bill proposed to revert. He held that there was no reason for adherence to the present provision covering special juries, and said the wording at present did raise a certain social prejudice. A special jury list could not contain the names of persons expert on all subjects. The present Bill did not leave the wa.v open to abuse, and special juries were limited to certain cases. He believed tlie Bill would commend itself to the House. Much time at .present was often involved or wasted in deciding whether a special jury should he called, and it frequently meant needless expense to the parties. Special juries would he called in cases involving intricate commercial or hanking transactions. Air Mason said it was his idea to keep the statutes tub- and where it was necessary to amend the Act that would he done hy an amending Bill if it were a small matter, and hy a Bill of its own if it were a. big amendment. He wished to avo.d the slovenly luihit- that had grown up in recent years of amending Acts byclauses in Finance Bills.

Rt. Hon. .J. G. .Coates: Not so much in recent years. Mr Mason: Oh, yes, very much m recent years. Mr Mason said such a practice was confusing, and lie would endeavour to have it stopped. Mr AY. P. Eli dean said the present practice reduced expense, as the jury s costs did not have to he paid and ho maintained that trial hy a Judge alone was in the best interests of the litigants. OLD PRACTICE PREFERRED. Mr F. AA r . Schramm said the Bill aimed to place the law us far as it referred to common juries where it stood before the Judges altered it. He said there was no complaint hy the legal profession at that time that the procedure was unsatisfactory. On the other hand, it held it was more satisfactory and the legal profession desired that the old practice should he reverted to. _ Mr AY. A. Bodkin said there was nothing much ill the Bill to which objection could he taken. He would like, to know if the legal profession had asked for changes in the rules, tie thought the provision relating to the qualifications of a. special jury should he widened to include other than commercial and hanking experts. Mr R. A. AVright said the average jury was unsatisfactory, as the best men were not on tlie jury list. Grand juries could very well be dispensed with. Judges had acted correctly in removing certain cases from the jury, as members of the jury had no experience in weighing evidence. Mr A. C. A. Sexton said he thought Mr AVright underrated the powers of the jury. He did not agree that grand juries should be abolished as they acted as a safeguard to the private individual. He defended the jury system and said jurymen were usually quick to gra.sn points of evidence He thought'the old system should he reverted to as it gave the most satisfactory result. Mr J. A. Lee upheld the jury systern and contended that jurymen brought worldly knowledge. The conditions of special jurors should he revised. He asked what was meant by men of the best condition. Did it mean justice hy avoirdupois? AA as a tape measure to be placed .round a. lnan s brow or round his waistline? AA as an esquire a mail who owned a motor car on the hire purchase svstem ? He characterised the definition as an anarclironisin. Mr T. H. McCombs said juries hy tradition were the protectors of the citizens a.nd said the special knowledge' of jurymen often assisted in arriving at a just decision. Mr Mason said it could not he expected that one group of men would he experts in all things. Ho did not know the reason why the procedure was altered. The second reading was carried.