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Commissioner of the Court who in such cases would possess all the
powers of the Court with respect to the examination which would
be a public examination by the Court within the meaning of
Section 17.
(c). I do not think it would be well to relegate
the bearing of summonses under Sections 23 and 24 of the Code to
a Registrar who may not be a Lawyer. You will, on reflection,
remember that the question whether leave should be given to
defend is often one of difficulty capable only of determination
by a Judge. Moreover the Registrars are already fully occupied !
1 concur with your view (paragraph 11) that
it is more likely to create than remove difficulty if two Judges
sit in Original Jurisdiction to try a question of disputed'fact':
two Judges should not sit except where the question to be deter-
-mined is, primarily one of law.
Until the time comes when owing to the
volume of business a third Judge must be appointed, I think the
Full Court should remain constituted as it is: for there is no
guarantee that the Magistrate whose addition thereto as a Judge
of Appeal is suggested will always be a Barrister-at-Law.
(Sd.) H. S. Berkeley,
Attorney-General.
2Srd. April, 1906.