CO129-203 - Acting Governor Marsh - 1882 [10] — Page 356

355

37

See p. 69 of evidence taken by Commissioners to enquire into offices of

Supreme Court.

that the Registrar's monthly balances should be published, but that I think it would be giving unnecessary publicity to the affairs of some partics having balances in the Registry particularly to those for whom the Registrar acts as Official Trustee.

With regard to Rules and Forms and Tables of fees, the power given by the Code,

VIL of Civil Procedure as to framing Rules is very limited, all the forms in use in the Court have been revised and new Tables of fees have been prepared, submitted to the profession and have been experimentally put in force under Section 94 sub. 3 of the Code since the beginning of July. It has not been thought well to promulgate the Forms or to get Legislative sanction for the Tables of fees, as it is proposed to alter our Code very con- siderably so as to get the benefit of the changes in the Law recently enacted in England. As a Commission has been nominated to take up the whole question and to take advantage wherever possible of recent English legislation suited to the circumstances of the Colony, it is manifestly desirable. not to make any permanent alterations until the Commission have reported and the Legislature has decided what to introduce and what

not.

It will be noticed that I have calculated upon an increase of fees for the coming years. I think that now with the improved system of collection and with the new scale of fees which equalizes but does not materially increase the amount to be paid with the attention now given, and which may be increased with a larger staff, to Bankruptcy and Intestacy matters, to the amounts paid over to the Official Trustee, Appraiser, and Registrar of Companies, to the increase to be expected in the fees of the Sheriff and Bailiff, that without any increase in the fees themselves they will fully bear out my estimated increase. They will however naturally be revised upon the alterations made in the various Ordinances and I think that without pressing too hardly upon suitors they may,

if business does not fall off far more than I can anticipate, pay or very nearly pay the whole expenses of the office.

The question then is whether the Secretary of State will sanction the increased. salaries proposed. Without it of course Mr. BARFF will not accept the post of Accoun- Mr. BARFE has been tant and it would be necessary to offer the post to some one else. in the public service for many years and he would not be likely to get any other appointment in the Registry.

With regard to Mr. SANGSTER, he has also been in the public service for many years, his pay as acting Deputy Registrar was $200 per month, as Sheriff $60, and the Appraiser's fees have amounted to over $60. It is true Mr. SANGSTER never got the permanent appointment of any of these offices, but he might reasonably have looked forward to doing so and as has been shown during HUFFAM's time the office of Deputy Registrar together with his other emoluments amounted to considerably more.

It is of importance that persons holding the responsible appointments of Deputy Registrar in the Courts should not be inadequately paid. The expenses of living in this Colony are heavy as compared with other Colonies, and a Bookkeeper in a merchant's