35
quit point of quicranec.
2nd We are at a loss to discover the injurious effects to either party in this Colony resulting from the moderate strictness of the
appointed days for the 1st three Sittings prescribed by Rules of Court 14 March 1849. On the contrary in a Colony like this a strict observance of term, unaccompanied by a very liberal exercise of the power to appoint
other days, would be positively a matter of inconvenience. Parties to suits
and their witnesses are
continually
prom
the Colony,
to and fro from Port to Port,
removing to and
fro. Cases would frequently recur where
it would be well nigh impossible on
any of the appointed days to bring all the parties together, and extensive Commissions to take evidence would be therefore necessary;
whereas under the
present system it has been practically
in the power of the parties to fix the time most convenient to themselves. Instead of procrastination being its result increased facilities have been afforded for the avoidance of delay.
On the part of
either there has been generally
mutually preconcerted arrangement.
It certainly is not the case in England that Judges' chambers are (as the Attorney General thinks) they