CO129-348 - Governor Sir Lugard - 1908 [7-10] — Page 467

463

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Meddel -IOVOD

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.8001

"duties of the Registrar were I pointed

"out in part magisterial, in part ministerial,

#the performance of all of which must be

"subject to the control of the Chief

"Justice. Beyond this there were the

"routine duties of the office".

It is I think clearly demonstrated that the

distinct statutory duties imposed on the Registrar are not "subject to the control of the Chief Justice" and are in my opinion"unconnected with the Supreme Court" in so far as any direct intervention by the Chief Justice is concerned.

In expressing this view however I think the

contention of the Chief Justice is well founded that he

should be consulted "with regard to the changes in the superior officers of the Registry as he is the best judge of their knowledge and intelligence".

my

In reference to the dictum of Sir George Philippo to which His Excellency alluded in paragraph 9 of his Despatch of 5th. June, 1908, I construe it as applying to the duties of the Registrar which I have assigned under Heads (a) and (b) or in other words to the duties strictly appertaining to the Registry of the Court and which are subject to its control. For in claiming for the Registrar the title of "Head of Department" Sir George Philippo qualified the expression with these words:-

"At the same time however as it seems to ne "it was never intended to make him indepen- "-dent of the Judges. In all ratsers he "rust act according to their directions "unless it is in contravention of positive "orders of the Executive in which case it "would be open to the Judges to remonstrase "and if they considered it necessary to

appeal