CV
2
177
4.
Section 2 of the Ordinance contemplates that
unless required by any enactment to be dealt with in any
particular way, or unless directed by any order of Court to
be invested, all moneys which are paid into Court are to be
handed to the Registrar who is then to place them on deposit
with the Treasurer. But this procedure is subject to be
modified or displaced by rules made under section4.
5.
Such rules have been made and are in force; and
rule 2 thereof expressly revokes "all other rules or orders
or rules of practice regulating the mode of dealing with
funds in Court and containing any provisions relating to
funds in Court inconsistent with these rules". The position
therefore, is that so far as provision is Lde by these
rules with respect to the procedure set forth in section 2
of Ordinance No.5 of 1896, such procedure is superseded.
6. I think the rules require that payments should
be made to the Treasurer direct on the direction of the
Registrar; and that the practice now followed of payments
being made to the latter official is altogether irregular.
7. On the other hand I agree with the Committee
that it is the more convenient course, so far as the public
are concerned, that the Registrar should be authorised to receive payments; and I am prepared, subject to safeguards
and checks suggested by the Comittee, to make the necessary
modifications in the rules to effect that purpose. As I
have already pointed out to Your Axcellency in my previous
communication of the 17th January, 1927, these rules are of
a technical character and I should be glad if the Committee
would submit draft rules for my consideration.
8.
In their Interim Report, the Committee call
attention