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has alternately held in this Colony, and the time that he has
sat on the bench or judicially in Chambers, Mr. Sercombe Smith
cannot pretend to be acquainted with such an important subject.
9. The dictum of Lord Mansfield in 1969 on this subject is
well known and will bear repetition:-
10.
"Matters of practice are not to be known from books. What
passes at a judge's Chambers is matter of tradition. it
rests on memory. In cases of this kind, Judges must en-
quire of their officers. This is done every day, when the
practice. is disputed or doubted. It is in its nature,
official. The officers are better acquainted with it than
the Judges". (Rex v. Wilkes, 4 Burr. Ft.lv.2866).
Again on the same subject by Crampton, J, in 1848:-
"We have here our own experience, and the report of an
officer, a person of considerable experience to guide us
as to practice, and the practice of the Court is the law
of the Court". (Queen v. O'Connell & ors.,1 Cox.0.0.892).
The same judge proceeding in the same case, says:-
"I think it is safest course to stand by the established
practice which has prevailed for a long period of time in
this country than to indulge in the introduction of a
novelty which might be highly dangerous". 10.59%.
Note here the words "highly dangerous" in connection with pare-
graph 7 above, and the dictur i hold applies furthermore in
substance to the case under consideration.
11. The other authorities on the subject I know from my own
reading are innumerable but i will only trouble by quoting 5
more. Said tyre, C.J., in 1797:-
"In a case where there is no practice to support us,
where we have not strong lights to guide us, and analogi-
es so complete and satisfactory as not to admit of being
mistaken
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