September 5th.—I am anxious, before I leave for the Continent, to know if I can be of any service at the sittings of the Judicial Committee. My present purpose is to go to Biarritz, and thence to Italy. But if I can be of utility, and am really wanted, I would return from Biarritz by November 1st, and could devote the whole of November to diligent attendance on the Judicial Committee. I am sorry that I cannot offer to attend during December, as matters of a pressing nature will then require my presence in Italy.
It is, I think, very desirable that the sittings of the Judicial Committee should be certain and continuous at and during a considerable portion of the year; and I should be glad to see the practice adopted of its beginning to sit on November 1st in every year, and continuing its sittings until Christmas if required. You will know whether the state of business at present renders this desirable….
Lord Justice Knight Bruce is a great invalid, and it is hardly fair to expect that, after a laborious term, the Lords Justices should at once commence sitting at the Privy Council. These considerations induce me to write to you. But you will fully understand that, if it is possible to do without further aid, I shall be much obliged to you not to accept my offer. I shall not write to the President or the Lord Chancellor until I have heard from you.
To Lord Westbury
C. O., September 28th.—Under the peculiar circumstances of the present year and the state of business in the Court, the Lord Chancellor thinks it right to acquiesce in your lordship's suggestion that the Judicial Committee should sit one month earlier than usual in order to dispose of the existing arrear of causes. The Lord Chancellor is, however, of opinion that this sitting in Michaelmas term should be regarded as exceptional and not to be drawn into a precedent, and that it will be expedient hereafter to adhere to the established practice and to the order in Council which directs the sittings to be held after each term. For many years the sittings have been invariably so held in December, February, and June and July; and at each sitting the whole of the business ready for hearing has been disposed of. The only exception to this order occurred last summer in consequence of the illness of Sir James Colvile; and the consequence is that (for the first time for many years) there is now an arrear to be disposed of. Your lordship's timely assistance will, however, enable the court to clear off this arrear by this extraordinary sitting; and it is not to be anticipated that the same necessity will occur again, although it undoubtedly exists at the present time. When November 1st approaches, I shall have the honour to send the printed cases and the usual summons to your lordship's residence in London, and I shall give ample notice to the parties that the Judicial Committee will meet for the despatch of business on that day.
From Lord Chelmsford[Footnote: At this time Lord Chancellor.]
7 Eaton Square, October 3rd.
Dear Reeve,—Lord Westbury's letter is satisfactory. Your communication to him, which was highly judicious, has contributed mainly to put things on the right footing.
Knight Bruce's state of health, following upon what I should think must have been for some time his felt incapacity for work, ought to be a warning to him to terminate a life of useful labour by an honourable retirement. If the hint is lost upon him, he will be a great impediment to the efficiency of the Judicial Committee.
I suppose the temporary assistance of Lord Westbury will not dispense with the necessity of providing some permanent addition to the strength of the tribunal. Your suggestion as to Vice-Chancellor Kindersley quite met my views, and I suppose might still be carried out with advantage. Of course I can do nothing of this sort without Lord Derby's sanction, and therefore I should like to have your confirmation of my opinion that this is the best plan that can be resorted to for the present, before I communicate with him on the subject. A letter sent to my house will be forwarded in my box which I receive daily. Yours sincerely, CHELMSFORD.