CO129-334 - Governor Nathan - 1906 [5-7] — Page 136

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Goodman thought it possible that arrangements might be made

for one of the Judges here to do the double work which

would be involved by the other being absent provided that

this absence did not occur more frequently than once a

year and did not extend over more time than would allow the

Judge one week at Weihaiwei.

4.

Your Lordship's legal advisers

will be in a better position than I am to judge between the

arguments of the Chief Justice in support of his contention

that it is not possible to utilize such spare time as the

Puiane Judge has in relieving the Chief Justice of some of

his work and Sir Henry Berkeley's contention which is

supported by Mr. Sercombe Smith that a well considered use

of the power conferred on the Chief Justice by Section 23

of the Supreme Court Ordinance of 1873 to distribute the

work between himself and the Puisne Judge should as here-

-tofore lead to a mutually satisfactory division of labour

between the Judges, and prevent any dislocation of or

delay in, and certainly any deadlock in the transaction

of the business of the Court. On the face of it I see no

reason why the Puisne Judge should not either take all

Civil Cases in Original during Criminal Sessions or else

take