CO129-271 - Governor Sir Robinson - 1896 [1-4] — Page 96

- referred to as the stct) sec. 4.

The proposed New Rules could

coraz

not, as it seems to me, be made by Rules Court under the powers tained in sirson 7 of the Act, because

Ex

Avil

the general power to regulate I. rocedure in the Supreme Court in long song is vested in the Legislature and not in the Court/Code of Civil Procedure, Irdinance 13 of 1873, sec.99). The

-power to make Rules of Const, pro- perly socalled, applice only to the sittings of the Court, the forms used and fees and cats 1 sec. 24 of Irdinance 12 of 1873 as amended by dedinance 18 of 1882). I therefore suggest that the new -Rules, if approved, be established by Irdinance previously submitted as above

machined.

My reasons for thinking dules desirable are as follows:-

Aus

(1) The Vice Admiralty Rules trust the execution of all process etc.,

to the Marshal, an

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140

officer who longer exists. The late Marchal of the Vice Admiralty Court (Mr. Stazeland) has been required by the Government under sec. 17 sub sec. I of the Act to continue to perform the same duties as he performed

as Marshal and he

has accordingly done so and has ro. ecived the Marsival's fees or the amount of them as provided by the Act (sec. 16 (31).

He promoted to the office of Deputy Re=

I understand, about to be

gistrar

- that and will therespon clave to receive the Narshal's fees. It will be convenient to do away with all reference to the Marshal and to entrust the

execution of process in Admiralty, as in the other jurisdictions, to the Bailiff, who, under Ordinance 22 of 1882, executes all the process of the Supreme Court under the directions

of the Registrar.

to

(2)