FORM OF TRIAL A COMMUNITY SING

Evening Post, Volume CXII, Issue 81, 2 October 1931, Page 14

FORM OF TRIAL

A COMMUNITY SING

BREACH OF PROMISE SUIT

APPLICATION FOR JURY

. An interesting judgment relating to the question of trial by jury of/breach of promise suits was delivered in . the Supreme Court yesterday by Mr. Jusp.cp MaeGrcgor.

The particular case was an action for Jbreach of promise of marriage, in which the plaintiff (Elleu Veronica Eose.Bell) | moved' for an order that the case should be tried by a jury. William Bqbort Millie/was named as the defendant. ■ His Honour refused tho applifeation, and ordered the plaintiff to pay.£4 is costs, with disbursements. Counsel for the plaintiff, at the hearing •of • legal argument, suggested that the decision .of Mr. Justice Stringer, in'the-case in which trial by jury was ordered, should bo followed, but his Honour a,aid that from the report of the case ho did not think that Mr. Justice Stringer even proposed to lay down a general rule that actions for preach of promise of marriage should be tried before, a jury. His Honour ' said he respectfully agreed with and-proposed to^ follow the statement of the law in that case, that whether or not an order lor trial by jury should bo made was in: ; the discretion of the Judge, and most:be decided according to the circumstances of tho particular case. :iHis'Honour proceeded: "The one question for my determination, accordinglyj is whether it has been made to appeari in this case that it could be mbre conveniently tried before a jury than before a Judge alone. In- this connection the word 'conveniently' ihtauld apparently be road so as to include tho term 'justly.' ... It

jeata-oa the plaintiff here to satisfy me

that, this action could be more 'conveniently' tried before a jury than before a Judge alone in all the circumstances of the present case. I may say at once that I am not so satisfied. The action is now set down for trial at Nelson,' where the plaintiff resides, and where her counsel (quite legitimately) insists on its-being tried. The defendant apparently resides'at Dannevivke."'

What well might happen in a ease of the kind, said his Honour, had been' pointed out forcibly by Mr. Justice Edwards in' a dictum which had been approved more than once- in tho Supreme Court and which stated: "When tho trial is fixed to be held in a small town, where one of' the parties is locally well -known, it is " common knowledge that in such a case it is exceedingly difficult to obtain an entirely .impartial jury.

"This difficulty might easily arise in the circumstances of tho present case," continued Mr. Justices MacGregor, ■•' and should, if possible, be avoided- in the interests of justice. Tho obvious way of avoiding it is to allow the general rule in such cases to operate here, and to refuse the present application for exceptional treatment on ihe broad ground .that it has not been ,made to appeal* that this particular case 'can be more conveniently tried before a jury.' In my opinion this action should be tried at Nelson by a Judge without.a jury;" ' ' . ' j

.At the hearing, Mr. E. Scott appeared for tho plaintiff, and Mr. Q.C Mazengarb for the defendant.

Community singing, under the leadership of Messrs. W. List and C. Burridge, in the Labour Hall, Petone, on Wednesday night attracted a full house, and resulted in £3 5s lOd being collected for the funds of the Petone Benevolent Committee. It is intended to have'community singing in the hall every Tuesday night.