Governor.

No.

Junissy Confl

Dato.

1866.

2 Nov.

Last previous Raper.

18402

H.Mong No 18927

(Subject.)

DESPATCH.

C. O.

159.99

RECOY

REGR 8 DEC 30

420

440

Right of Judges to sit in Chamber

in

Bankruptcy.

Transmits pre &'malley's opinion respecting -

for consul.

Aus = "conf. 10 Jan. 81

to 0.a.G.

no Ž 26-10 Oct 88 on

гор

17121/87

+

Whe

(Minutes.)

see In Branson's Minute as

166

18402

Gur Dec 15

ля

16

differs from

Iustice Snowden

Mr. Wingfile

Mease look at this. I am inclined to agree with Dr. Othally that there is no power to sit in Chambers in Bankruptcy & that the English Practice does not apply: a bankrupt cannot be imprisoned under the proviso to Sec 7. of Ord. 5. of 1864- But I'm not so sure on his other point, that there is no power to pass a warrant in the Judges' Court : Surely the terms of cl() of sec. 7. are large enough, & the approval of the day. Council seems to contemplate something more than the ordinary Rule-making powers of Judge.

(25.436V. 4.act. 1612. 2.104 5.4.5. handing 660.451.

(0 mus. 1 | 80-H & S 8726)

Yu

I felt some doubt whether the right of sitting in Chambers, and giving decisions (I'm uncontestual Arguing the decisions) was not a matter of jurisdiction requiring precise & definite

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