CO129-483 - Others & Individuals - 1923 — Page 294

MINUTES.

? Tell for: that in order to obtain the information wh: The

Expressed that in the 6" para. of his

Rain

despatch the desire to have,

Wi

Communicated with the chief

master of the S. (there & Enclos

a

copy of his reply

-

*

? Suggeal that sule 20 in the

draft suho old be deleted & that

The Rey." of the S.[iin H.K. might be disseded to follow the practice who, as Sie T. W. ( induertes, will be adopted in the author

antral

Offices of the S. [.hark.

Dr.

Selon

16/12.

Gem. D. to se 11.

9/13

60/12/201 At once

A&@

MINUTES NOT TO BE WRITT

ON THIS SIDE.

I lov

33293/23

Sir,

52248

5 DEC 23

288

4th.December, 1923.

I am duly in receipt of your letter of the 30th November and of the accompanying copies of correspondence, In answer to the question raised in paragraph 3 of your letter, I beg to state that no practice has yet been established in the Central Office of the Supreme Court in the case you refer to. The Administration of Justice Act, 1920, has not been in force very long, and, so far as I can ascertain, no instance has yet occurred in which it has been sought to register a Colonial Judgment expressed in terms of a Colonial currency, not corresponding with English currency.

A

Your letter states that His Grace will appreciate any observations that I may have to offer generally in the matter. I therefore beg to state that I have taken the opportunity of reading or looking through the several recent cases bearing on this subject, of which there are about twelve, and also the older cases including especially Scott v. Bevan.

In my opinion, the date at which the rate of exchange should be

* Ken casa calculated is the date of the Judgment which it is sought to register, and not the date of the registration of that Judg- ment.

I venture respectfully to think that Rule of the Rules of which you send me a copy, fixes on the wrong date. Those Rules appear to be founded on the English Rules under Part II of the Administration of Justice Act which I drafted

some time ago and which were adopted and passed by the Supreme Court Rule Connittee, but Rule is not in the English set of Rules, but has been added in the Colonial draft. English cases

20

The

include the case of the S.s.Celia v. S.S.Voltur:

I