SIR,
24
APPENDIX No. 3.
The Hon. F. STEWART, LL.D., Colonial Secretary,
27th July, 1880.
I have the honour to submit for the consideration of His Excellency the Governor the following statement with regard to the conduct of the business of the Supreme Court.
On my assuming the duties of my office, now three months since, I was at once struck with the confusion into which I found the business had been permitted to fall. There were bankruptcies of many years standing which might and ought to have been wound up years before, and many intestacies in which the accounts had been in arrear beyond the usual six months and even twelve months; but what made the greatest impression on my mind was the entire absence of any general rules of practice by which the business of the Court was to be conducted.
Having ascertained that by the Ordinance No. 12, of 1873, the Chief Justice had certain powers with regard to rules, I suggested to the Chief Justice that some rules should be laid down, and if necessary, I should be glad to prepare them as I had been furnished by the Colonial Office with the latest authorities on the subject; but finding that the Chief Justice was utterly opposed to any rules being framed I altered my course and proceeded to act as nearly as I could in accordance with what the general consensus of legal opinion in England has pronounced to be the most approved system.
I had brought with me from England a book prepared for the purpose of entering every Rule of Court or Judge's order which should be drawn up, so as to have a complete record of all proceedings, and in order to assimilate as far as possible the practice in Probate with the practice in Bankruptcy. I prepared a form of application for all cases in which it was necessary that I should take a grant of administration in my official capacity so that if reference should at any time be made to the papers it could be seen at once under what circumstances the grant had been made to the Registrar. I submitted both plans to the Chief Justice for his approval, and having obtained
25
his verbal sanction, I entrusted the keeping of the rule and order book to Mr. Hazeland who was then acting as Clerk to the Chief Justice, and he cheerfully undertook the duty. The form which I had prepared I sent to the Colonial Secretary with an application to have it printed, which was duly accorded, and the form has been in use ever since.
For some time lately, the Chief Justice has exhibited symptoms of cerebral irritation, which makes it absolutely necessary that some definite rules should be laid down by which I may be guided and to which I may appeal in the cases which unfortunately arise on almost every occasion when the Chief Justice presides.
Some short time back when the rule and order book was referred to in Court the Chief Justice demanded to know by what authority the book had been kept, and when I informed him of the fact, sent for Mr. Hazeland and told him that he was not bound to keep the book, and saying to me that I had no right whatever to order his clerk to do anything.
This, however, I pass over as a very trifling matter, but when as yesterday, the matter takes place in public, it becomes too serious for me to remain any longer silent. The forms which, as before stated, I had prepared, have been in constant use since they were printed and have been repeatedly before the Chief Justice, but yesterday, while evidently under the influence of severe cerebral irritation, the Chief Justice rejected them and refused to make any order, because he said the application (for that which in fact is my official duty) ought to be made by petition—it having been, as he stated, the practice of the late Mr. Alexander to petition in all such cases—an assertion which I find on search is not borne out by the papers in the office.
I feel it my painful duty to bring these matters to the notice of His Excellency as showing the absolute necessity for some rules of practice, for whether I continue in the office I hold or some other gentleman be appointed in my stead, it will be utterly impossible to preserve any respect for the Court in the public mind if some definite rules are not framed and published.
There are other very important matters to which I should wish to ask His Excellency's attention, but as they are more personal to myself they all fade into significance before the gravity of the crisis which now threatens the integrity of the Supreme Court.
275
SIR,
24
APPENDIX No. 3.
The Hon. F. STEWART, LI.D., Colonial Secretary,
27th July, 1880.
I have the honour to submit for the consideration of His Excellency the Governor the following statement with regard to the conduct of the business of the Supreme Court.
On my assuming the duties of my office, now three months since, I was at once struck with the confusion into which I found the business had been permitted to fall. There were bankrupt- cies of many years standing which might and ought to have been wound up years before, and many intestacies in which the ac counts had been in arrear beyond the usual six months and even twelve months; but what made the greatest impression on my mind was the entire absence of any general rules of practice by which the business of the Court was to be conducted. Having ascertained that by the Ordinance No. 12, of 1873, the Chief Justice had certain powers with regard to rules, I suggested to the Chief Justice that some rules should be laid down, and if neces sary, I should be glad to prepare them as I had been furnished by the Colonial Office with the latest authorities on the subject; but finding that the Chief Justice was utterly opposed to any rules being framed I altered my course and proceeded to act as nearly as I could in accordance with what the general consensus of legal opinion in England has pronounced to be the most ap- proved system. I had brought with me from England a book prepared for the purpose of entering every Rule of Court or Judge's order which should be drawn up, so as to have a complete record of all proceedings, and in order to assimilate as far as pos- sible the practice in Probate with the practice in Bankruptcy. I prepared a form of application for all cases in which it was necessary that I should take a grant of administration in my official capacity so, that if reference should at any time be made to the papers it could be seen at once under what circumstances the grant had been made to the Registrar. 1 submitted both plans to the Chief Justice for his approval, and having obtained
25
his verbal sanction, I entrusted the keeping of the rule and order book to Mr. Hazeland who was then acting as Clerk to the Chief Justice, and he cheerfully undertook the duty. The form which I had prepared I sent to the Colonial Secretary with an application to have it printed, which was duly accorded, and the form has been in use ever since.
For some time lately, the Chief Justice has exhibited symptoms of cerebral irritation, which makes it absolutely neces- sary that some definite rules should be laid down by which I may be guided and to which I may appeal in the cases which unfor- tunately arise on almost every occasion when the Chief Justice presides.
Some short time back when the rule and order book was referred to in Court the Chief Justice demanded to know by what authority the book had been kept, and when I informed him of the fact, sent for Mr. Hazeland and told him that he was not bound to keep the book, and saying to me that I had no right whatever to order his clerk to do anything.
This, however, I pass over as a very trifling matter, but when as yesterday, the matter takes place in public, it becomes too serious for me to remain any longer silent. The forms which, as before stated, I had prepared, have been in constant use since they were printed and have been repeatedly before the Chief Justice, but yesterday, while evidently under the influence of severe cerebral irritation, the Chief Justice rejected them and re- fused to make any order, because he said the application (for that which in fact is my official duty) ought to be made by petition- it having been, as he stated, the practice of the late Mr. Alex- ander to petition in all such cases-an assertion which I find on search is not borne out by the papers in the office.
I feel it my painful duty to bring these matters to the notice of His Excellency as showing the absolute necessity for some rules of practice, for whether I continue in the office I hold or some other gentleman be appointed in my stead, it will be utterly impossible to preserve any respect for the Court in the public mind if some definite rules are not framed and published.
There are other very important matters to which I should wish to ask His Excellency's attention, but as they are more personal to myself they all fade into significance before the gravity of the crisis which now threaten the integrity of the Supreme Court.
275
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