merits. A judgment debtor's summons is a very dangerous instrument, and may be obtained (Sec. 20, Bankruptcy Ordinance) upon the order of any Court having the power to order the payment of money, and the Court making the order may be the Supreme Court sitting in Summary Jurisdiction amongst others. It is true that by sec. 42 damages may be obtained against a petitioning creditor fraudulently or maliciously filing such a petition; but damages would at the best afford very inadequate satisfaction for the injury sustained. So much for bankruptcy business. As to proceedings in probate it is expressly provided by Sec. 20 of 8 of 1860, the Probate Ordinance, that it shall be lawful for the Judge for the time being to sit in Chambers for the despatch of such business of the Court under this Ordinance as can in the opinion of the Judge with advantage to the suitors be heard in Chambers, and the times at which such sittings shall be held shall from time to time be fixed by the Judge, "Provided always that no question which either party shall require to be heard in open Court shall be heard in Chambers,” and party means, I need hardly say, party interested. This clause beyond all dispute confers on the Judge the fullest power to hear probate business either in Court or in Chambers at discretion, subject to the proviso. I hope that I have made it perfectly clear that the same discretion in hearing bankruptcy business either in Court or in Chambers is vested in the Judge. If so, as no objection on the grounds of duty or principle can be raised, I trust that no further difficulty will be met with in disposing of the various matters now standing for hearing in these two jurisdictions. To make the way perfectly smooth, I will, at the request of the Chief Justice, myself sit at twelve o'clock on Tuesday, the 26th instant, to dispose of them, but the hearing must be in Chambers.
Confidential
Sm J. Pope Honyman
Mr. Bramsen & Jan. 81
Mr. Starbut
Mr. Grand Daff
Law Kimberly
8.
Copy
Sin
Houghing 18927/80
421-
431
Indexed
10 Jan 1881.
Before the hour: back. The Next gryn confidential
H
Dsp. of the 22 Nov. last. transmitting a copy of Attorney General's Opinion upon the right of the Judges to sit in Chambers in Bankruptcy. 2. It is unnecessary for me to express any opinion upon the merits of the objection views entertained by the Judge at Hong Kong on such a subject.
0.0.G. com 17121/82,
Dec.