THE DAILY PRESS, TUESDAY, JULY 27th, 1880.
A ROW IN THE SUPREME COURT
One of those unfortunate exhibitions which so frequently take place in the Supreme Court, occurred yesterday. On this occasion Mr. Gibbons, the Registrar, was the subject on which the Chief Justice poured the vials of his wrath. It being the ordinary court day, there were a number of small probate and bankruptcy causes on the list. On the first of these coming on, (in which Mr. Holmes acted as solicitor), His Lordship asked the Registrar if the papers pertaining to it were all right and if he would certify to that fact.
Mr. Gibbons said he believed they were all right.
His Lordship—And you certify them?
Mr. Gibbons repeated that he believed they were all right, but said he was not in a position to certify.
His Lordship, addressing Mr. Holmes, said he must adjourn the case until the Registrar would certify. Mr. Alexander always certified.
Here the Registrar turned round and said something to the judge, which the reporter understood to be a statement that he did not know before that it was the practice to certify, but as in speaking to the judge he had to turn his back to the body of the court, he was not always distinctly heard.
His Lordship—There are many things you didn't know before, and yet you profess to know everything.
Mr. Gibbons—I don't profess to know everything.
His Lordship—Why, you profess to know all my decisions are wrong, or most of them.
Mr. Gibbons—I never said so.
His Lordship—You told me so.
Mr. Gibbons—Well, if you put those words into my mouth I can't help it.
His Lordship—You told me a direction I give for an advertisement was wrong. Well, go on.
Mr. Gibbons—What order do you give?
His Lordship—I adjourn it for the certificate of the Registrar. I am sorry to give you the trouble, Mr. Holmes, but you know it is the rule as well as I do, having been here so long. I exercise my discretion, but I first take the certificate of the officer as security—my officer.
Another case was then called, in which Mr. Stephens was solicitor.
His Lordship again asked the Registrar if the papers were all correct.
Mr. Gibbons said he believed they were. The Chief Justice—I don't ask for your belief. Do you certify?
Mr. Gibbons—My lord, my answer is the same as before.
His Lordship ordered the case to stand over for the Registrar's certificate, and addressing Mr. Stephens, said he was sorry to have to give him the trouble, but Mr. Holmes, having been an officer of the court so long as he was, knew that what he was doing had been the rule back to Mr. Alexander's time. Mr. Alexander always certified.
Another case was then called, in which Mr. Johnson was the solicitor.
His Lordship—Have you gone through these papers?
Mr. Gibbons—I believe they are all correct. His Lordship—Will you certify them? Mr. Gibbons replied that he could not, and said he did not know that he had to do it.
His Lordship—Well, you will have to do it now; that is what Mr. Alexander always did.
Mr. Gibbons then entered on some explanation to the judge, which was not audible at the reporter's table. He was interrupted by the judge with such expressions as "I wish you had" and "Oh, can't you."
His Lordship said every paper was supposed to be examined by the Registrar and he certified to the Court the details were correct. Addressing Mr. Johnson, his Lordship said he had to adjourn the application; the Registrar said he believed the papers were correct, but refused to certify them. It was the rule to certify, and he was not going to alter it.
A bankruptcy case, in which Mr. Stephens was the solicitor, was then called, and was got through with comparative smoothness, the Judge merely finding fault because a previous order in the case was not produced the moment he asked for it. He made a reference to the practice before the Vice-Chancellor, and when Mr. Gibbons was about to reply, saying "I don't know about the Vice-Chancellor, but" he was cut short by his Lordship as follows, "Well, I am sorry you don't, because that is the authority. Then you don't know the practice."
His Lordship had ordered Mr. Brereton and Mr. Dennys to be sent for, as he wished to make an announcement in the case of Sands v. Forbes. Seeing the solicitors now present his Lordship said—I will take the occasion of you being here; the Registrar tells me he has not drawn up any order in that matter.
The Registrar—I drew up an order.
His Lordship—You said you didn't. His Lordship then asked for the minute of the judgment.
The Registrar produced the record, which contained the decree but not a minute of the judgment.
His Lordship said it was the first time in his life he had known a Registrar to go away without taking a minute of the judgment in a serious matter like this.
Mr. Gibbons said he could not take the judgment down; he did not write shorthand.
His Lordship said the business of the Registrar, if he could not take it down, was to ask for a copy of the judgment. Here, without a minute, the Registrar had settled the decree.
The Registrar, producing a printed copy of the judgment, said he settled it from that; he knew the judgment was to be printed.
His Lordship asked the solicitors if the decree was in accordance with the judgment.
Mr. Dennys said he had not received it. His Lordship (to Mr. Gibbons)—Is that your understanding of a Registrar's duty?—He went on to say that in settling a decree of this kind the Registrar ought to have the parties before him and exercise a quasi-judicial function; in this case it seemed to him the Registrar had not done so. They would get into a pretty mess.
On Mr. Gibbons making a remark,
His Lordship retorted—You don't know anything about it; you are as ignorant as possible.
Mr. Gibbons—I may be very ignorant—
His Lordship—Well, you are. Do you know what constitutes the judgment? By the code the Registrar is to take down what the judge says. His Lordship went on to say that Mr. Justice Snowden meant to give his judgment in the case of Sands against the Dock Company on Saturday, and then it would be no use to talk about errors. If the judge was satisfied there had been a decree he would probably act according to it in his decision, but if it should turn out the order was not in accordance with the judgment and there was nothing in the book to justify it it would be too late to rectify it then. A pretty minute of a judgment it was they had. Before the Registrar left the court he ought to have ascertained from him (his Lordship) that the minute was correct. Mr. Gibbons was explaining that he took the written judgment, but that the press asked for it, and he said he had no authority to give it but would do so if his Lordship liked.
His Lordship—And what have you to do with the newspapers?
Mr. Gibbons—I have nothing to do with the newspapers.
His Lordship—I hope not. The less an official in this Colony has to do with the press the better.
Mr. Gibbons—I have never had anything to do with the press. I don't know why you should suggest anything of the kind.
His Lordship—You introduced it. I should like to see in the records of the registrars in England such a record as that.
Mr. Gibbons—I never heard of such a thing being done before.
472
THE QAÍLY PRESS, TUESDAY, JULY 27rx, 1880.
A ROW IN THE SUPREME COURT
One of those unfortunate exhibitions which so frequently take place in the Supreme Court, occurred yesterday. On this occasion Mr. Gib. “ bons, the Registrar, was the subject on which the Chief Justice poured the vials of his wrath. It being the ordinary court day, there wore a number of small probate and bankruptcy causes on the list. On the first of these coming on, (in which Mr. Holmes acted as solicitor), Iis Lordship asked the Registrar if the papers ap- pertaining to it were all right and if he would oertify to that fact.
Mr. Gibbons said he believed they were all right.
His Lordship-And you certify them?
Mr. Gibbons repeated that he believed they were all right, but said he was not in a position to certify.
His Lordship, addressing Mr. Holmes, said he must adjourn the case until the Registrar would certify. Mr. Alexander always certified.
Here the Registrar turned round and said something to the judge, which the reporter understood to be a statement that he did not know before that it was the practice to certify. but as in speaking to the judge he had to turn his back to the body of the court, he was not always distinctly heard.
His Lordship-There are many things you didn't know before, and yet you profess to know everything.
Mr. Gibbons-I don't profess to know every. hing.
His Lordship-Why, you profess to know all my decisions are wrong, or most of them.
Mr. Gibbous-I norer said so.
His Lordship-You told me 8o.
Mr. Gibbons-Well, if you put those words
into my math I can't help it.
His Lordship-You told me a direction I give for an advertisement was wrong. Well, go on.
Mr. Gibbous-What order do you give?
His Lordship--I adjourn it for the certificate of the Registrar. I am sorry to give you the trouble, Mr. Holmes, but you know it is the rule! as well as I do, having boon here so long. I exercise my discretion, but I first take the certificate of the officer as security-my officer.
Another case was then called, in which Mr. Stephens was soliciter.
His Lordship again asked the Registrar if the papers ware all correct.
Mr Gibbons said ho believed they were. The Chief Justice-I don't ask for your be lief. Do you certify ?
Mr. Gibbons--My lord, my answer is the Same as before.
His Lordship ordered the oase to stand over for the Registrar's certificate, and addressing Mr. Stephens, said he was sorry to have to give him the trouble, but Mr. Holmes, having been an officer of the court so long as be was, know that what he was doing had been the rule back to Mr. Alexander's time. Mr. Alexander always certifled.
Another case was then called, in which Mr. Johnson was the solicitor.
His Lordship-Have you gone through these papers ?
Mr. Gibbons I believe they are all correct. His Lordship-Will you certify them? Mr. Gibbous replied that he could not, and said he did not know that he had to do it.
His Lordship-Well, you will have to do it now; that is what Mr. Alexander always did.
Mr. Gibbons then entered on some explanation to the judge, which was not andible at the e- porter's table. He was interrupted by the judge with such expressions as "I wish you had" and "Oh, can't you."
His Lordship said every paper was supposed to be examined by the Registrar and he certified to the Court the details were correct. Address- ing Mr. Johnson, his Lordship said he had to adjourn the application; the Registrar said he believed the papers were correct, but refused to certify them. It was the rule to certify, and he was not going to alter it.
A bankruptey case, in which Mr. Stephens was the solicitor, was then called, and was got through with comparative amoothness, the Judge merely finding fault because a previous order in the case was not produced the moment he asked for it. He mado a reference to the practice be fore the Vice-Chancellor, and when Mr. Gibbons was about to reply, saying "I don't know about the Vice-Chancellor, but "be was cut short by bis Lordship as follows, Well, I am sorry you don't, because that is the authority. Then you I don't know the practice,"
His Lordship had ordered Mr. Brereton and Mr. Dennys to be sent for, as he wished to make an announcement in the case of Sands v. Forbes. Seeing the solicitors now present his Lordship said-I will take the occasion of you being here; the Registrar tells me he has not drawn up avy order in that matter.
The Registrar I drew up an order, His Lordship-You said you didn't. Hie Lordship then asked for the minute of the judg. : ment.
The Registrar produced the record, which contained the decree but not a minute of the judgment.
His Lordship said it was the first time in his life be had known a Registrar to go away with- ont taking a minute of the judgment in a serious matter like this.
Mr. Gibbons said he could not take the judg ment down; be did not write shorthand.
His Lordship said the business of the Re- gistrar, if he could not take it down, was to ask for a copy of the judgment. Here, without a minute, the Registrar had settled the degree.
The Registrar, producing a printed copy of the judgment, said he settled it from that; he know the judgment was to be printed.
His Lordship asked the solicitors if the decree was in accordance with the judgment.
Mr. Dennys said he had not received it. His Lordship (to Mr. Gibbous)-Is that your understanding of a Registrar's duty ?-He went on to say that in settling a decree of this kind the Registrar ought to have the parties before him and oxercise & quasi-judicial function; in this case it seemed to him the Registrar had not done so. They would get into a pretty mess.
Os Mr. Gibbons making a remark,
His Lordship retorted-You don't know any. thing about it; you are as ignorant as possible,
Mr. Gibbons - I may be very ignorant- His Lordship-Well, you are. Do you know what constitutes the judgment ? By the code the Registrar is to take down what the judge says. His Lordship went on to say that Mr. Justice Snowden meant to give his judgment in the case of Sands against the Dock Company on aturday, and then it would be no use to talk about errors. If the judge was satisfied there had been a doores he would probably act according to it in his decision, but if it sbould turn out the order was not in ac- cordance with the judgment and there was no- thing in the book to justify it it would be too late to rectify it then. A pretty minute of a judgment it was they had. Before the Registrar left the court he ought to have ascertained from bim (his Lordship; that the minute was correct, Mr. Gibbons was explaining that he took the written judgment, but that the press asked for it, and he said he had no authority to give it but would do so if his Lordship liked.
His Lordship--And what have you to do with the newspapers P
Mr. Gibbons--I have nothing to do with the newspapers.
His Lordship-I hope not. The less an official in this Colony has to do with the press the better.
Mr. Gibbons-I have never had anything to do with the pross. I don't know why yon should suggest anything of the kind.
His Lordship-You introduced it. I should like to see in the records of the registrars in England such a record as that.
Mr. Gibbons-I never heard of such a thing being done before.
472
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