merits. A judgment debtor's summons is a very dangerous instrument, and may be obtained (Sec. 20, Bankruptcy Ordinance) upon the order of any Court having the power to order the payment of money, and the Court making the order may be the Supreme Court sitting in Summary Jurisdiction amongst others. It is true that by sec. 42 damages may be obtained against a petitioning creditor fraudulently or maliciously filing such a petition; but damages would at the best afford very inadequate satisfaction for the injury sustained. So much for bankruptcy business. As to proceedings in probate it is expressly provided by Sec. 20 of 8 of 1860, the Probate Ordinance, that it shall be lawful for the Judge for the time being to sit in Chambers for the despatch of such business of the Court under this Ordinance as can in the opinion of the Judge with advantage to the suitors be heard in Chambers, and the times at which such sittings shall be held shall from time to time be fixed by the Judge, "Provided always that no question which either party shall require to be heard in open Court shall be heard in Chambers,” and party means, I need hardly say, party interested. This clause beyond all dispute confers on the Judge the fullest power to hear probate business either in Court or in Chambers at discretion, subject to the proviso. I hope that I have made it perfectly clear that the same discretion in hearing bankruptcy business either in Court or in Chambers is vested in the Judge. If so, as no objection on the grounds of duty or principle can be raised, I trust that no further difficulty will be met with in disposing of the various matters now standing for hearing in these two jurisdictions. To make the way perfectly smooth, I will, at the request of the Chief Justice, myself sit at twelve o'clock on Tuesday, the 26th instant, to dispose of them, but the hearing must be in Chambers.
Confidential
Sm J. Pope Honyman
Mr. Bramsen & Jan. 81
Mr. Starbut
Mr. Grand Daff
Law Kimberly
8.
Copy
Sin
Houghing 18927/80
421-
431
Indexed
10 Jan 1881.
Before the hour: back. The Next gryn confidential
H
Dsp. of the 22 Nov. last. transmitting a copy of Attorney General's Opinion upon the right of the Judges to sit in Chambers in Bankruptcy. 2. It is unnecessary for me to express any opinion upon the merits of the objection views entertained by the Judge at Hong Kong on such a subject.
0.0.G. com 17121/82,
Dec.
merits. A judgment dabtor's summons is a yot indre dangerous instrument, and may be obtained (900. 20, Baukruptcy Ordinance) upon the order of any Court having the power to order the payment of money, and the Court making the order may be the Supreme Court sitting in Summary Juris. diction amongst others. It is true that by sec. 42 damages may be obtained against a petitioning creditor fraudulently or maliciously filing such a petition; but damages would at the best afford! very inadequate satisfaction for the injury sus į tained. So much for bankruptcy business. As to proceedings in probate it is expressly pro- vided by Sec. 20 uf 8 of 1860, the Probate Or- 1 dinance, that it shall be lawful for the Judge for the time being to sit in Chambers for the despatch of such business of the Court under this Ordinance as can in the opinion of the Judge with advantage to the suitors be heard in Chambers, and the times at which such sittings shall be held shall from time to time be fixed by the Judge, "Provided always that no question which either porny shall require to be heard in open Court shall be heard in Chambers,” and party means, I need hardly say, party interested. This clause beyond all dispute confers on the Judge the fullest power to hear probate busi- ness either in Court or in Chambers at discre. tion, subject to the proviso. I hope that I have j made it perfectly clear that the same discretion in hoaring bankruptcy business either in Court or in Chambers is vested in the Judge. If so, as no objection on the grounds of duty or prin- ciple can be raised, I trust that no further dif- ficulty will be met with in disposing of the various matters now standing for hearing in these two jurisdictions. To make the way per- feetly smooth. I will, at the request of the Chief Justice, myself sit at twelve o'clock on Tuesday, the 26th instant, to dispose of them, but the hear. ing must be in Chambers.
Confidential somn Sin J. Pope Humpy Keep.
Mr. Bramsen & Jan. 81
Mr. Starbut
Mr. Grand Daff
Low Kimberly
8.
Copy
Sin
Houghing 18927/80
421-
431
Indexe!
10 Jan 1881.
Than the hour: &ack. The Nest gryn confidential
H
Dsp. of the 22 Nov. last. hansmitting a copy of
Attorney Gand. Opinion upon
the right ofthe Judges to pit in
0.0.G.com 17121/82,
Chanters in Bankraftig. 2. It is unmerepay for To expus any opinion upon The merits of the norection vies Entertained by the Judge at Ito Attorney General for
that
H
on such a subject.
fact of there views, bring
Dec.
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