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be entitled to divest themselves altogether of this responsibility, or to diminish it, by having recourse to their learned brethren for assistance and advice, in all cases, without any limitation. In the application of the complex machinery of a highly refined and minutely modified system of legal administration, to the circumstances of a new society with a small population spread over a large extent of territory, imperfections and defects, mistakes and errors, must necessarily occur : and the good sense of the Community must make allowance for occasional inevitable failures, and be ready to excuse minor errors where no great principles are affected. Still we think the Judges have a right to look to each other for assistance and counsel ; and in cases where they entertain substantial doubts, involving questions either of much importance to the parties concerned or of any considerable interest to the Community in respect of principle, we think they ought to have a discretion to reserve their judgment in order that they may take the opinion of their brethren in tho Court of Appeal,—even without the consent of the parties interested. Indeed, if there were no statutory provision to this effect, a Judge might, in any case, with perfect propriety, take such time to consider his judgment that he might be able, in the meantime, privately to consult his fellows ; but in such case the responsibility of the judgment would still rest on himself, and the decision would not be final ; and, theoretically speaking, the Judges might sit together as a Court in banco to hear a case re-argued. In reserving a case for the Court of Appeal, without the consent of the parties, a Judge would naturally allow his discretion to be governed by the consideration of such circumstances as delay and inconvenience to the parties ; and we think the onus of stating a case for tho consideration of the Court above, ought to be thrown upon himself (subject to any suggestion of the parties). Moreover, the Court of Appeal ought to be bound to consider such case and give judgment upon it, even if neither party should appear to argue it. 39. The following Clauses might suffice to provide for this part of the system :-—- -(1.) "If in the course of any proceedings before the Supreme Court, a single " Judge presiding therein shall be of opinion that any question of law or of the exorcise " of discretion which has arisen therein is a fit question for the consideration of the " Court of Appeal, due regard being had to the interests of the parties concerned, it shall " bo lawful for such Judge to state a case in writing for the decision of such Court of " Appeal, and to transmit the same to such Court ; and the said Court of Appeal shall be " bound to hear the parties, or either of them, or their counsel ; but if neither party " shall appear in person or by counsel before such Court, it shall nevertheless take the •' case into consideration, and shall pronounce its decision thereon, which shall be forth- " with intimated to the Registrar of the Supreme Court for the district in which such " Judge as last aforesaid was acting ; and thereupon such judgment shall be entered, and " such execution and other proceedings shall bo had therein, as if such decision had " been given in the Supreme Court: Provided that such decision shall be final as regards " the tribunals of the Colony." (2.) " The Judge who shall state such case as in the last section mentioned shall, " before transmitting the same to the Court of Appeal, cause the same, on application for " that purpose to the Registrar of the Supreme Court, to be shewn and a copy to bo " given to tho parties interested, or their Solicitors ; and if such parties or either of them " shall, within [ ] days after such case shall have been so shewn, object to the " statement of the case by tho Judge, such Judge shall cause the parties to come before '• him at Chambers, by summons, and shall, if he think fit, on hearing tho parties or either " of them who may appear before him, amend or alter such case, or finally adopt the " same." IV. STRIKING BARRISTERS AND SOLICITORS OPE THE ROLLS. 40. We have previously alluded to the propriety of reserving for the Court of Appeal the exercise of final jurisdiction in striking Barristers and Solicitors of the Court off its rolls. Although wo are of opinion that the power of dealing summarily with Barristers and Solicitors, in most respects, must still be left with the Supreme Court, subject to appeals by leave, or to the reservation of questions by a single Judge, and that the. Supreme Court should have the power of suspending any Barrister or Solicitor till tho next sitting of the Court of Appeal, we think it desirable that the conclusive step of striking a Barrister or Solicitor off the rolls should be reserved for the Court of Appeal, acting in this respect like the full Court in banco in Westminster Hall. It will be for your Excellency's Advisers to determine whether a provision to this effect should be introduced into the Appeal Court Bill, or into the Bill which we are informed it is the intention of your Excellency's Government to present to the consideration of the Legislature with respect to the qualification and admission of Barristers and Solicitors. It seems to us that it might, perhaps, be more proper to introduce the provision into the Court of Appeal Bill, inasmuch as the whole extent of the jurisdiction of the new tribunal may properly be looked for in that Bill ; but care ought to be taken that due reference be made from the one to the other ; and it will be necessary to modify the clause (par. 41) proposed by us in our report of May, 1859, with respect to the power of the Supreme Court to strike Solicitors off the Rolls. (Whether the meetings of the Court of Appeal might not be taken advantage of for the examination and admission of Solicitors is a question worthy of consideration ; but probably, the terms of the provisions in the Law Practitioners Bill will be such as to leave it open to the Judge** to adopt that course if they should think it desirable.)

How far the Judges ought to have power to reserve questions.

Discretion.

Stating case.

Proposed clanses. Case stated by Judge of Supreme Court tor opinion of Court of Appeal.

Provision for amending the case if parties dissatisfied.

Powers to be retained by Supnme Court.

Striking off roll.

Reference to Report on Solicitors, May 1859.

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REPORT Oh THE JUDGES UPON