CO129-190 - Governor Hennessy - 1880 [10-12] — Page 431

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all respects like our Jurisdiction

and

as when sitting in Court, the Ordinance (5 of 1864)

contains

such provisions.

I think therefore that under the Ordinance (5 of 1864) there is neither power to provide by general order

for sittings

at Chambers,

2 x Y

to apply rules of the Act 1861

authorize such sittings.

Recourse

to power

to

the general orders

under the Act (1861) is not intended

to supercede the necessity for

rules

under the Ordinance (5 of 1864). Nor does the proviso that permits such

warrant the general application

of any general order under the Act

(1861) to the procedure

here. Such Orders

of

the

Court

should be properly

applied only to cases

as they arise and

a

matter for the

discretion of

the Judge

exercised with

care, with reference to each such

application.

Even

supposing therefore that there

were

power to provide for sittings

in Chambers,

and it

were desired to

make such provision

to regulate practice

in some way

corresponding to rule 17 under the Act 1861,

the proper way

to make that provision

would have been

under section 7 of the Ordinance (5 of 1864)

to frame such a rule.

The judge states that he is

informed that the practice of sittings

in

...