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this Court I respectfully submit that they are on terms of equality;
in so much as the salary of both offices are the same and that
these Officers rank in seniority accordance to the date of their
first appointment de facto.
The offices were established by the Supreme Court Ordinance
30.1 of 1873, and I need go no further back than 1884 to establish
the fact that the Deputy Registrar and Accountant was senior to
the Deputy Registrar and Appraiser and continued so for eleven
years.
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A reference to the nine Files of this Colony will show that Mr
Barff, the Deputy Registrar and Accountant was appointed in Janu-
ary 1883 and Mr. Sangster the Deputy Registrar and Appraiser was
appointed in February of the same year; thus Mr. Barff's seniority
was established by the priority of appointment of one month;
a fortiori I am the senior Deputy because I was appointed on 7th
June 1901 and Mr. J. R. Kemp not until 1st August 1904.
7. There has been no break in the continuity of these respective
offices, since they have existed which, after the officers were once
appointed the Supreme Court Ordinance of 1873 would have to be
amended.
8. The appointment of Mr. Bath to be Deputy Registrar and Apprais-
er on 27th June 1898 at an enhanced pay over Mr. Fenwick, ap-
pointed Deputy Registrar and Accountant on 1st January 1896, did
not make of itself the office of Deputy Registrar and Appraiser
superior or senior to that of the Deputy Registrar and Accountant
for there were certain personal considerations with reference to
Mr. Bath that necessitated he should, in justice, draw a higher
pay than his predecessor or otherwise he would doubtless have de-
clined the office.
Previous to occupying the appointment of Deputy Registrar Appraiser Mr. Bath held two offices, i.e. Chief Clerk in the
Colonial Secretary's office and also Clerk of Councils. These appointments gave him in the aggregate $498 per month.
The Government having thought it desirable to make some changes Mr. Bath was appointed to the Registry and on his accepting the