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(iii). A very large number of the cases depend upon local Rules of practice and procedure with which a Shanghai Judge would necessarily be unfamiliar.
(iv). The Shanghai Judge has very little experience of trying cases in which Chinese customs and methods of keeping accounts
are involved, which would constitute probably the majority of cases
going to the Court of Appeal.
3.
The advantages of having a permanent third
Judge locally are as follows:-
(i). He can expedite work in Original Actions and Chambers
and Bankruptcy by assisting at Sessions and Bankruptcy.
(ii). He can relieve the present Sumary Judge of all small
summary cases and thus enable the Summary list to be disposed of more
rapidly.
The above are only given as instances of ways in which
a third Judge would relieve the pressure. The actual distribution of
the work would no doubt be varied from time to time by the Chief Justice, as occasion might require, after consultation with the other
Judges.
(iii). If there is a third permanent Judge Appeals will not
need to be all taken one after the other, but will be taken, as now,
as they are ripe for hearing, and with adequate opportunity of dis- -cussing and arriving at a decision on one Appeal before the next
comes on.
(iv). In the case of a point being reserved in a murder trial it would seem somewhat barbarous to defer the hearing of that point possibly for several months, until a third judge could come down from
Shanghai.
(v). Some appeals, e.g. appeals from the granting of an injunction or Receiver or from a refusal to do so, would require to be heard promptly.
4.
I would beg leave to add that, in my opinion, the few hundred Pounds a year, which might be saved by the Shanghai arrangement, are not worthy of any serious consideration as compared
with