370
receive the fees which I have retained. If the Act had not passed I should under Section 4 of the Vice Admiralty Act 1863 have become ex-officio registrar of the Vice Admiralty Court upon receiving my appointment as Chief Justice. At the present moment if the Act had not passed I should clearly be in receipt of Vice Admiralty fees.
I venture to suggest that my position now is in this respect the same as that occupied by Sir James Russell, except that he would have been entitled to compensation if the Vice Admiralty Rules had ceased to operate while he held office. I should of course not be entitled to such compensation because in the first place I do not come within the terms of Section 17(3) and in the second place my right to the fees is, according to my construction, only a contingent one.
Mr. Wise's case is not quite the same as mine, as the Registrar of the Supreme Court was not ex-officio Registrar of the Vice Admiralty Court although the two offices have always been held together. I submit that the words "as nearly as practicable" warrant the payment to Mr. Wise. These words cannot, it seems to me, have reference to the amount of the fee (that being fixed) and must therefore be meant to give some latitude to the description of officer or person. If I am right in my construction of the Statute, it is the duty of the Court, until Rules are made, to direct payment of the amount of the Registrar's fees to as nearly as practicable the same officer or person who would have been entitled to the fees if the Act had not passed.
370
receive the fece which I have retained. If the Act had not passed I should under Section 4 of the tice Admi- ralty Act 1863 bave become exofficio adgs of the Vice Admiralty Court
do: upon receiving my appointment
Chief Justice. At the prevent mo- ment if the Act had not passed I should I mbunit clearly be in the receipt. of Vice Admiralty fees.
J
venture to wa
rest that
my posi.
suggest
now is in this respect the same as
that occupied by Sir James Russell, except that he would have been entitled to compensation if the Vice
Rules had ceased to Admiralty
'
- prate while he held office. I hoved of course not be entitled to such compensation because in the first place I do not come wi- shine the terms of Section 17(3) and in the second place my right to the few is, recording to
1. L
my cockation,
conbution, only
skrine one,
Mr. Wise's case is not quite the same as mine, as the Regishar of the Supreme Court was not ex
officio Registrar of the Vice Admi-
ralty Court al
have alwa
always
In the two offices.
although
fact been held
together. I submit the words o
"
nearly as prachcable warrant the
ment to Mr Wise. There words
cannot it seems to
payin
Lice
wave re-
ference to the amount of the fee
(that being fixed) and must there fore be meant to give
some latihide
to the description of officer or per. sove. If I am right in suffering
Statute it is the duty
L
that under the Statute it is
of the Court, until now unle are made, to direct payment of the -
amaint
of
.
the Registrar's fees to as nearly as practicable the came e of. ficer person who would have been entitled to the fees if the
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