GRANVILLE SHARP J.A.: For the purpose of this appeal we regard this minute of the judge in chambers as a decision dismissing the appeal summarily. We therefore entertained the appellant’s appeal as properly before us, in order to have the opportunity to point out that a judge has no power in his executive capacity (that is to say, without sitting in court) to consider whether or not there is any cause which may permit the court to admit an appeal, though the period of limitation prescribed by law has elapsed. We think that a decision on such a question is a judicial decision and not an executive one; the judge therefore erred in what he did. It must be borne in mind that an intending appellant in custody does not enjoy full or easy access to the forms necessary for his petition, and it not infrequently happens that there is some delay between the time when he applied for them and the provision of them by the competent authority.
We desire to point out that even in exercising the jurisd…