Div 14Trial by Jury.

Division 14.—Trial by Jury. Settlement of issues for trial. 105. Where upon any application to the Court for a decision on any question, the Court, with or without the application of any person, has directed that a question of fact be tried with a jury, the question of fact shall be reduced into writing and submitted to the Court for its approval, and shall, when approved, be called the record for trial; but the Court shall have power to allow any amendment thereof at any time upon such terms as the Court thinks fit. Special or common jury. No. 37 1924 s. 25 (2). 106. An order of the Court for the trial of a question of fact before a jury shall specify the place of trial, and whether it shall be before a special or a common jury, but the order may be amended by the substitution of one jury for the other, upon such terms as the Court thinks fit. Mode of trial by jury. 107.—(1.) If the trial take place before the Court it shall be had in the same manner as if it were the trial by a jury of an issue of fact in an action in the High Court. (2.) If the trial takes place in any other Court in shall be had in the manner in which jury trials in ordinary cases are by law held in that Court. Finding of jury to be certified to Court. 108. If a trial be had elsewhere than in the Court, the finding of the jury shall be certified by the Associate or other proper officer to the Court which shall make such order in the matter as it thinks fit. Power to grant new trial. 109. In every case the Court before which the trial is had may grant a new trial if it thinks fit, and for such purpose the ordinary rules of practice and procedure in that Court shall apply.