CO129-334 - Governor Nathan - 1906 [5-7] — Page 152

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OOP Y.

Enclosure 3.

Minute by the Attorney-General.

Hon. Colonial Secretary,

148

23462

Rec TRE: 29 JUN 06

lt would be advantageous for the purpose of

Appeals if the Full Court consisted of three or more Judges,

instead of two as at present, but except as regards appeals the

appointment of an additional Judge does not seen to me to be

called for at present.

I do not think the volume of business in

the Supreme Court is greater than two Judges can dispose of

effectively and with expedition. The power which is conferred

ucon the Chief Justice by the Supreme Court Ordinance 1873

Section 23 enables His Honour to distribute the business fairly

between himself and the Puisne Judge. A well considered use of

this power should as heretofore lead to a mutually satisfactory

division of labour between the Judges, and prevent any disloca-

-tion of or delay in, and certainly any deadlock in, the trans-

-action of the business in the Court. I have not heard it suggest-

-ed by the profession that any delay or inconvenience is, or

has been, caused in the disposal of the business in the Court by

the want of an additional Judge: but if there be any doubt upon

that point the question might be put confidentially to leading

members of the profession.

(b) and (c): -

With respect to your minute paragraphs 5

(b). The public examination of a debtor under the

Bankruptcy Ordinance, 1891, need not be taken by a Judge if from

pressure of other work it is inconvenient for him to do so: for

under Section 17 (7) he may order the examination to be held by a

Commissioner