13th May, 1847.
Present:
His Excellency the Governor,
The Honorable the Chief Justice,
The Honorable the Acting Attorney General.
The Minutes of the last Council were read and approved.
Read a letter from Mr. Cay the Registrar, of the 7th May, enclosing by direction of the Chief Justice the Rules of Court of 11th November 1844, with some alterations, in order to their receiving the sanction of the Legislative Council. Upon considering that these Rules were positively disallowed in detail by instructions from Her Majesty's Government as stated in the Proclamation of the 26th March last, it was resolved that the application of the Honorable the Chief Justice could not be entertained; because the several points of this Rule of Court had been pronounced by Earl Grey to be improper subjects of judicial regulation, but that an Ordinance might be passed (if necessary) for regulating the proceedings of the Supreme Court under its Ecclesiastical Jurisdiction on any particular point not already provided for by the Civil Code. The Chief Justice who had absented himself from the Legislative Council on the day when the Rules of Court were passed, though this was on a Thursday, the regular weekly Council day, made use of the expression "Secret" Council, which His Excellency the Governor deemed highly disrespectful to himself and the members, and noticed accordingly to Mr. Hulme.
(signed) J. F. Davis
Read and approved this 20th day of May, 1847.
(signed) L. d'Almada e Castro,
Clerk of Councils.
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