COPY.
No.3.
144
Colonial Secretary,
I have very carefully gone into this pain-
ful case, painful because I deprecate anything like friction
between officials of the standing of the Acting Puisne Judge
and the registrar.
I have felt that it would be better in all
ways that i should give my own unbiassed decision on the case,
the decision of an impartial gentleman: and with that end in
view I have asked for no guidance from any Official, except that
1 referred to the Chief Justice for a simple ruling on two
points. 1st. As to whether the Registrar was in any sense sub-
crdinate as an Official to the Puisne Judge: and 2nd. Whether it
was in the opinion of the Chief Justice objectionable to en-
dorse a subpoena.
The Chief Justice replied as to the 1st.
point that the registrar was no doubt in a manner subordinate
as an Official to the Puisne Judge and as to the End. point the
Chief Justice held that while it might be objectionable to en-
dorse as a Memo. any process of the Court which would become a
record of the Court, yet that in this instance he could see no
objection to such an endorsement as was made by the Fuisne
Judge, being made, and becoming a record of the Court: in fact
he considered it might be a convenience.
having regard to these rulings on the 2
points mentioned I am of opinion that it was vexatious on the
part of the Registrar to take exception to the action of the
Fuisne Judge: and that his manner of speech on being sent for
as well as bis written minutes in reply to questions from the
Fuisne Judge were not such as were becoming in an official who
was in any sense subordinate to the Fuisne Judge.
1 desire therefore that Mr. Norton-Kyshe be
requested to express in writing his regret that he should have
allowed