CO129-171 - Acting Governor Austin - 1875 [7-11] -- Sir Kennedy - 1875 [12] — Page 144

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to the legality of the proceedings and planned to be heard before both Judges as both had been present at the commencement. Mr Justice Snowden thereupon retired to confer with the Chief Justice who was in his private room a few yards from the Bench, and after an absence of about a quarter of an hour returned alone, and stating that he had consulted the Chief Justice adjourned the matter to the 30th April.

Upon that day both Judges were on the Bench and having disposed of an application in another suit (Chan Chin v. Vogel) further adjourned this matter of the Dang Wai to the 3rd of May. The adjournment was made for the convenience of the plaintiffs' Counsel, and with the consent of the defendants.

On the 3rd May Mr Justice Snowden sat alone upon the Bench, and after a short discussion made an order setting aside the two writs of attachment, but dismissing the rest of the summons on the ground that the orders made in the cause had not yet been carried out, and that the jurisdiction could not be enquired into.

I understand that the Chief Justice was in his private room at the time this order was made; but as he was not present it was the order of a single Judge and an intermediate appeal to the Full Court became necessary to place the matter in a shape to be carried to the Privy Council, should the King of Annam think fit to appeal to that tribunal. A petition of Appeal was at once lodged and was set down to be heard upon the 5th of May. Mr Justice Snowden took his notice.