CO129-334 - Governor Nathan - 1906 [5-7] — Page 153

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Commissioner of the Court who in such cases would possess all the

powers of the Court with respect to the examination which would

be a public examination by the Court within the meaning of

Section 17.

(c). I do not think it would be well to relegate

the bearing of summonses under Sections 23 and 24 of the Code to

a Registrar who may not be a Lawyer. You will, on reflection,

remember that the question whether leave should be given to

defend is often one of difficulty capable only of determination

by a Judge. Moreover the Registrars are already fully occupied !

1 concur with your view (paragraph 11) that

it is more likely to create than remove difficulty if two Judges

sit in Original Jurisdiction to try a question of disputed'fact':

two Judges should not sit except where the question to be deter-

-mined is, primarily one of law.

Until the time comes when owing to the

volume of business a third Judge must be appointed, I think the

Full Court should remain constituted as it is: for there is no

guarantee that the Magistrate whose addition thereto as a Judge

of Appeal is suggested will always be a Barrister-at-Law.

(Sd.) H. S. Berkeley,

Attorney-General.

2Srd. April, 1906.