My will, an object of sympathy with all classes of the community, including the Portuguese and Chinese,
My position had become so intolerable that I sought an interview with the Chief Justice in his Chambers, and offered to do anything he might suggest, so that if possible I might be in accord with his views. He then expressed regret at what had taken place, and assumed a more friendly attitude towards me.
In order to facilitate the introduction of the improved system suggested by the Commissioners, I had had prepared (with the sanction of the Colonial Office) a set of books for the use of the Court modelled on the County Court system, and among others a book as used in the Rolls Court for the entry of all rules and orders. This latter book, on its arrival from London, I showed to the Chief Justice, who expressed his approval. I then entrusted the keeping of it to the Clerk of the Puisne Judge, who readily undertook the duty. After it had been kept for some time, it was on one occasion referred to in Court, and produced to the Chief Justice, who suddenly inquired who kept it, and on being informed, sent for the Clerk and told him that he was not bound to keep it any longer; and there being no other officer with sufficient leisure, the book, as well as the others prepared in England at considerable cost, have been left unused.
About the middle of June, I received from the Colonial Secretary a letter, asking me to send in the estimates for the Supreme Court. As I knew nothing about the matter, I applied to the only Deputy-Registrar in the Colony (Mr. Sangster) for information; and acting upon what I received, prepared the estimates and forwarded them to the Chief Justice for his approval. He refused to receive them because (he said) they ought not to have been addressed to me, as I was not the head of the department. I thereupon saw the Colonial Secretary, and having ascertained that the usual practice had been observed, sent in the estimates according to the usual course.
Page 265
On June 24, 1880, I received a long letter from the Chief Justice, charging me with disrespect in assuming to myself the designation of “Head of the Department.” To this letter I at once replied, refuting the charge, and expressing myself willing to carry out any rules which might be laid down, and asking for definite instructions. On July 5, 1880, I received another letter from the Chief Justice, inquiring about matters on which he had been previously informed, and making suggestions for doing what had already previously been done.
As soon as the documents in the office were classified and arranged (a work of very considerable labour), I proceeded with the work of winding-up the bankruptcies. I prepared reports of the ascertained facts in every case, which I submitted to the Chief Justice for the necessary orders. In the intestacies, I prepared a form of statement, analogous to the reports in Bankruptcy, and with the sanction of the Chief Justice, previously obtained, had it printed; but after using it for about a month, the Chief Justice suddenly, without any apparent reason, refused to receive it, and when I presented one in Court, flung it in my face, as being a document which ought not to have been shown to a Judge.
This conduct of the Chief Justice in Court, which excited the attention of the Press, was so inconsistent as regarded the duties of my office that I felt it absolutely necessary to appeal to the Governor, which I did by letter dated July 27, 1880 (see Appendix, No. 3), when I pointed out the necessity for rules, as I had previously called the attention of the Chief Justice to the subject without avail. The Chief Justice then raised the question of my right to address the Governor through the Colonial Secretary (as I had previously been in the habit of doing), and thereupon
Page 265
Page 270
Page 271
my will, an object of sympathy with all classes of the community, including the Portuguese and Chinesc,
My position had become so intolerable that I sought an interview with the Chief Justice in his Chambers, and offered to do anything he might suggest, so that if possible He then expressed I might be in accord with his views. regret at what had taken place, and assumed a more friendly attitude towards me.
In order to the introduction of the improved system suggested by the Commissioners, I had had prepared (with the sanction of the Colonial Office), a set of books for the use of the Court modelled on the County Court system, and among others a book as used in the Rolls Court for the entry of all rules and orders. This latter book, on its arrival from London, I showed to the Chief Justice, who expressed his approval. I then entrusted the keeping of it to the Clerk of the Puisne Judge, who readily undertook the duty. After it had been kept for some time, it was on one occasion referred to in Court, and produced to the Chief Justice, who suddenly inquired who kept it, and on being informed, sent for the Clerk and told him that he was not bound to keep it any longer; and there being no other officer with sufficient leisure, the book as well as the others prepared in England at considerable cost, have been left unused.
About the middle of June, I received from the Colonial Secretary a letter, asking me to send in the estimates for the Supreme Court. As I knew nothing about the matter, I applied to the only Deputy-Registrar in the Colony (Mr. Sangster), for information; and acting upon what I received, prepared the estimates and forwarded them to the Chief Justice for his approval. He refused to receive them, because (he said) they ought not to have been addressed to me, as I was not the head of the department. I there- upon saw the Colonial Secretary, and having ascertained
5
that the usual practice had been observed, sent in the estimates according to the usual course.
On June 24, 1880, I received a long letter from the Chief Justice, charging me with disrespect in assuming to myscif the designation of “Head of the Department.” To this letter I at once replied, refuting the charge, and expressing myself willing to carry out any rules which might be laid down, and asking for definite instructions. On July 5, 1880, I received another letter from the Chief Justice, inquiring about matters on which he had been previously informed, and making suggestions for doing what had already previously been done.
As soon as the documents in the office were classified and arranged (a work of very considerable labour), I pro- ceeded with the work of winding-up the bankruptcies. I prepared reports of the ascertained facts in every case, which I submitted to the Chief Justice for the necessary orders. In the intestacies I prepared a form of statement, analogous to the reports in Bankruptcy, and with the sauction of the Chief Justice, previously obtained, had it printed, but after using it for about a month, the Chief Justice suddenly, without any apparent reason, refused to receive it, and when I presented one in Court, flung it in my face, as being a document which ought not to have been shown to a Judge.
This conduct of the Chief Justice in Court, which excited the attention of the Press, was so inconsistent as regarded the duties of my office, that I felt it absolutely necessary to appeal to the Governor, which I did by letter, dated July 27, 1880 (see Appendix, No. 3), when I pointed out the necessity for rules, as I had previously called the attention of the Chief Justice to the subject without avail. The Chief Justice then raised the question of my right to address the Governor through the Colonial Secretary (as I
had previously been in the habit of doing), and thereupon
265
Page 270Page 271
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