140
and, except in cases of grave importance, of the Criminal Ses-
-sions. He should also relieve the Second Judge of the routine of
the Summary Court, and the smaller cases: thus releasing the
Second Judge to assist more frequently in the Original Jurisdic-
-tion. He would also sit in the full Court in appeals.
9.
He would also be available to sit in the
Full Court for trial of cases in the first instance when re-
-quired. there is a power in the Chief Justice to fix trials be-
-fore the full Court, sitting in Original Jurisdiction: but this
has fallen into disuse, as there are not enough Judges to warrant
its being done. have however made such an order in a heavy
commercial case now pending, and I am confident that the result
of the experiment will prove satisfactory. Trials with a jury in
civil cases are rare, and with a Special Jury very expensive
($175 a day). But there are many cases in which there is a com-
-plicated issue of fact, in which it would be far better for all
concerned to bave two Judges instead of one.
10.
In the constitution of the Full Court in
Appellate Jurisdiction a great improvement would be effected.
With only two Judges, the Judge appealed from must sit; and there
is this extraordinary provision in the law that in case of dif-
-ference of opinion the Chief Justice is to have the casting vote:
instead of allowing the judgment appealed from to stand. It would I think be more satisfactory for the Appellate tribunal to be
constituted of two Judges neither of whom has heard the case in
the Court below: This however is a matter which could be settled
hereafter.
11.
I am authorised to say that Mr. Justice #ise
agrees with the views expressed in this letter.
i have etc.,
(Sa.) . T. Piggott,
Chief Justice.
}