419-
all respects like our Jurisdiction
and
as when sitting in Court, the Ordinance (5 of 1864)
contains
such provisions.
I think therefore that under the Ordinance (5 of 1864) there is neither power to provide by general order
for sittings
at Chambers,
2 x Y
to apply rules of the Act 1861
authorize such sittings.
Recourse
to power
to
the general orders
under the Act (1861) is not intended
to supercede the necessity for
rules
under the Ordinance (5 of 1864). Nor does the proviso that permits such
warrant the general application
of any general order under the Act
(1861) to the procedure
here. Such Orders
of
the
Court
should be properly
applied only to cases
as they arise and
a
matter for the
discretion of
the Judge
exercised with
care, with reference to each such
application.
Even
supposing therefore that there
were
power to provide for sittings
in Chambers,
and it
were desired to
make such provision
to regulate practice
in some way
corresponding to rule 17 under the Act 1861,
the proper way
to make that provision
would have been
under section 7 of the Ordinance (5 of 1864)
to frame such a rule.
The judge states that he is
informed that the practice of sittings
in
...