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D. The present system of accounting for money s received
in the Registry has been in force since 1912 and probably
since 1900.
It appears to have been regarded as adequate, having
regard to the provisions of the Suitors' Fund Ordinance, Ordinance No.5 of 1896, and the Rules thereunder.
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The interpretations to be placed on Section 2(1) of
the Ordinance and Rules 6(1) and (3) is of vital importance
to the proper consideration of the question of the adequacy
of the present system.
S. 2(1) reads:
*Subject to rules to be made under this Ordinance, all
moneys paid into the Supreme Court shall, unless required
by any enactment to be dealt with in any particular way, or
unless directed by any order of Court to be invested, be
placed by the Registrar on deposit with the Treasurer."
Rule 6 (1) reads:
·
"The person desirous of lodging funds in Court shall
obtain from the Registrar the necessary direction for such lodgment. He shall present the direction at the office of
Treasurer from whom he shall receive a receipt for the same.
Rules 6 (3) reads:-
"The Treasurer shall, on giving any receipt for funds
lodged, forthwith forward a duplicate of such receipt to the
Registrar to be filed with the papers in the cause or matter. Such receipt shall be in Form No.4 in the Schedule to the se
rules so far as appropriate."
The section appears to contemplate all payments being
made to the Registrar and deposited by him with the Treasurer.
The Rules appear to contemplated all payments being made
by the person desirous of lodging funds, direct to the Treasurer on the direction of the Registrar the Registrar
not receiving the money.