Deputy Registrars and other officers. Transfer of officers. officers. the Chief Registrar and Chief Interpreter), shall also be Registrar 81. The Governor may from time to time appoint Deputy Registrars, who shall have and may exercise all the powers and duties of the Registrars, and such other officers as may be necessary, and may attach such Deputy Registrars or officers to any Judge or Commissioner of the Supreme Court. (4 of 1876, s. 67.) 82. The Governor may, on the application of the Chief Justice, transfer any Officer attached to any Court from time to time to any other Court, either for temporary or permanent duty. (4 of 1876, s. 68.) Negligence or 83. If an Officer of the Court employed to execute an order, misconduct of wilfully or by neglect or omission loses the opportunity of executing it, then, on complaint of the person aggrieved, and proof of the fact alleged, the Court may, if it thinks fit, order the officer to pay the damages sustained by the person complaining, or part thereof, and the Order shall be enforced as an Order directing payment of money. (4 of 1876, s. 69.) Procedure in charges against officers. Admission of Barristers 84. If an Officer of the Court is charged with extortion under pretence of the process or authority of the Court, or with not duly paying over money levied, or with any other misconduct, the Court, if it thinks fit, may (without prejudice to any other liability or punishment to which the officer would in the absence of the present provision be liable) inquire into the charge in a summary manner, and may for that purpose summon and enforce the attendance of all necessary persons as in a suit, and may make such order for the repayment of any money extorted, or for the payment over of any money levied, and for the payment of such damages and costs as the Court thinks just; and the Court may also, if it thinks fit, impose on the officer such fine, not exceeding twenty pounds for each offence, as the Court thinks just. (4 of 1876, s. 70.) BARRISTERS, SOLICITORS, AND PROCTORS. 85. The Chief Justice shall have power to approve, admit, and and Solicitors. enrol, to practise as Barristers and Solicitors in the Court, such persons as shall have been admitted Barristers or Advocates in Great Britain or Ireland, and as shall have been admitted as Solicitors or Writers to the Signet in any of the Courts at London, Dublin, or Edinburgh; provided always, that the Chief Justice may, upon due cause, refuse to admit any person as a Barrister, or as a Solicitor, notwithstanding he may have the qualification aforesaid. (4 of 1876, s. 71.) mission to be 86. Every person who shall desire to be admitted under the last Certificate of preceding Section shall deposit in the Office of the Registrar of the Call or AdCourt, for custody therein, his Certificate of Call to the Bar, or of deposited with his admission as a Solicitor, and shall file in the Court an affidavit Registrar. of identity in such form as may be approved by the Chief Justice: provided always, that the Chief Justice may, on special grounds and upon such terms as he may think reasonable, exempt any such person from complying with the formalities prescribed by this Section, either absolutely or for any specified period. (4 of 1876, 8. 72.) Examination. 87. The Chief Justice shall have power to admit as a Solicitor Admission on of the Supreme Court any person who shall have served five years continuously in the office of a practising Barrister or Solicitor residing within the jurisdiction of the Court, and who shall have passed such examination touching the Principles and Practice of the Law before such persons as the Chief Justice may from time to time appoint. Every such person shall before admission, take and subscribe the Oath or Declaration and Affirmation of Allegiance, in the form prescribed by Law, and also the Oath of Fidelity in his Office. (4 of 1876, s. 73.) admitted 88. In case there shall not be a sufficient number of Barristers, Fit Solicitors, and Proctors within the Colony qualified in the manner may be herein before prescribed, it shall be lawful for the Chief Justice to temporarily. admit temporarily so many other fit and proper persons to appear and act in the capacity of Barristers, Solicitors, and Proctors as may appear necessary, subject to such conditions and regulations as may be prescribed by Rules of Court. (4 of 1876, s. 74.) 89. Every person admitted to practise as a Barrister or Solicitor Enrolment of in the Supreme Court shall cause his name to be enrolled in a Practitioners. Book, to be kept for the purpose in the Office of the Chief Registrar, and to be called the Roll of the Court; and no person whose name shall not be enrolled as aforesaid shall be entitled to practise. (4 of 1876, s. 75.) 90. Every Barrister shall be entitled to practise also as a Solici- Barristers tor and Proctor, and every Solicitor shall be entitled to practise may Practise also as an Advocate, and to sue for and recover his taxed costs, and the latter as Solicitors, subject to the Rules of Court. (4 of 1876, s. 76.) as Advocates. Costs and legal 91. Every Barrister, whether practising also as a Solicitor or † Recovery of Proctor or not, may sue for and recover his taxed costs in respect of services rendered, but he shall be subject to all such liabilities as attach by Law to a Solicitor or Proctor, in whatever capacity his services may have been rendered. (4 of 1876, s. 77.) * See Schedule I., Order VIII. † See Schedule I., Orders VIII. and IX. liabilities. L. D Practitioners deemed Officers of Striking off Suspension from Prac tice. 92. Every person whose name shall be enrolled as aforesaid, shall be deemed to be an Officer of the Supreme Court. (4 of 1876, s. 78.) 93. The Full Court shall have power for reasonable cause to the Roll and suspend any Barrister or Solicitor from practising within the jurisdiction of the Court during any specified period, or to order his name to be struck off the Roll of the Court, and any Judge shall have power to suspend any Barrister or Solicitor in like manner, temporarily, pending a reference to, and the confirmation or disallowance of such suspension by the Full Court. The Full Court may, if it shall see fit, delegate to the Barristers and Solicitors, or a Committee of their number, any part of the powers by this Section conferred upon the Full Court, either as respects the inquiry into any case of misconduct charged against a Barrister or Solicitor, the finding therein, or the sentence to be awarded, but such finding and sentence shall be subject to the review of the Full Court. (4 of 1876, s. 79.) Penalty for unlawfully Practising. Summoning Compelling 94. The Chief Registrar shall on application grant a Certificate of Enrolment under the Seal of the Court, and every person who, without having his name enrolled as required by this Ordinance, or after the expiration of such enrolment, or in any matter beyond the scope of any enrolment for a limited or specified purpose, shall practise as a Barrister, Solicitor, or Notary Public,* or Proctor, or in any of these characters, or in any other character prepare any documents for reward, either direct or indirect, to be used in or concerning any cause or matter before the Court, shall be guilty of a misdemeanor, and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and for a second offence to imprisonment, with or without hard labour, for any period not exceeding six months, in addition to or in substitution for, a fine which may amount to one hundred pounds, but this Section shall not be construed to exempt any person from any prosecution under the hundred and ninth Section of this Ordinance, to which he would otherwise be liable. (4 of 1876, s. 80.) EVIDENCE. 95. In any cause or matter, and at any stage thereof, the Court, either of its own motion or on the application of any party, may summon any person within the jurisdiction to attend to give evidence, or to produce any document in his possession, and may examine such person as a witness or expert and require him to produce any document in his possession or power, subject to just exceptions. (4 of 1876, s. 81.) 96. If the person summoned, having reasonable notice of the Attendance. time and place at which he is required to attend, fails to attend Penalty on As to Notaries, see Schedule I., Order VIII., rr. 13-15. accordingly, and does not excuse his failure to the satisfaction of Non-attendthe Court, he shall, independently of any other liability, be guilty ance. of a contempt of Court, and may be proceeded against by warrant to compel his attendance and shall be liable also to a fine which may extend to one hundred pounds, or to imprisonment which may extend to one month. (4 of 1876, s. 82.) 97. In a criminal case, where it appears that a person who might In Criminal be summoned, and who is likely to possess material information, Cases Warrant may issue will probably not attend to give evidence unless compelled to do in first so, then the Court, instead of issuing a summons may issue a instance. warrant in the first instance. (4 of 1876, s. 83.) 98. If any person, whether appearing in obedience to a summons Refusal to or brought up under a warrant, being required to give evidence be Sworn or to give refuses to take an oath, or refuses to answer any question lawfully Evidence. put to him, or to produce any document in his possession, and does not excuse his refusal to the satisfaction of the Court, he shall, independently of any other liability, be guilty of a contempt of Court, and the Court may by warrant commit him to prison, there to remain for not more than one month, unless he in the meantime consents to answer duly, and he shall also be liable to a fine which may extend to one hundred pounds. (4 of 1876, s. 84.) Court may 99. Any person present in Court, whether a party or not in a Persons in cause, may be compelled by the Court to give evidence, and pro- be required duce any document in his possession, or in his power, in the same to give manner and subject to the same Rules as if he had been summoned Evidence to attend, and give evidence, or to produce such document, and though not may be punished in like manner for any refusal to obey the Order of the Court. (4 of 1876, s. 85.) summoned. 100. It shall be lawful for any Judge of the Supreme Court to Prisoners may issue a warrant under his hand for bringing up any person confined be brought by Warrant as a Prisoner under any sentence or order of commitment for Trial, to give or otherwise, or under civil process, to be examined as a witness in Evidence: any cause or matter depending, or to be inquired of, in any Court: In what provided that such warrants shall not be granted as of course, nor unless the Judge shall have probable ground for believing that the evidence of the Prisoner is likely to prove material. The Gaoler or person in whose custody such Prisoner may be shall forthwith obey such warrant by bringing the Prisoner to the Court in his custody, or by delivering him to an Officer of Court, as the warrant may order, and if the Prisoner shall under the terms of the warrant be delivered to any Officer of Court, the Gaoler shall not be liable for the escape of such prisoner. (4 of 1876, s. 86.) cases. 101.* It shall be lawful for the presiding Judge, in civil as well Allowances as criminal proceedings, to order and allow to all persons required to Witnesses. • See Appendix A., sect. 20. How defrayed. Cases in which Evi dence may be Oath. to attend, or examined as witnesses, such sum or sums of money as shall seem fit as well for defraying the reasonable expenses of such witnesses as for allowing them a reasonable compensation for their trouble and loss of time. But it shall not be lawful in any proceeding for any person to refuse to attend as a witness, or to give evidence, when so required by process of the Court, in respect that his expenses have not been first paid or provided for. (4 of 1876, s. 87.) 102. All sums of money so allowed shall be paid in civil proceedings by the party on whose behalf the witness is called, and shall be recoverable as ordinary costs of suit if the Court shall so order, and in criminal proceedings they shall, where not paid by the party convicted, or the Prosecutor, be paid out of the general revenue of the Settlement in which the trial or proceeding shall take place. (4 of 1876, s. 88.) 103. On any occasion the Court may, if it thinks it just and expedient (for reasons to be recorded in the Minutes of Proceedtaken without ings), take without Oath the evidence of any person declaring that the taking of any Oath whatsoever is, according to his religious belief unlawful, or who, by reason of immature age, or want of religious belief, ought not, in the opinion of the Court, to be admitted to give evidence upon Oath; the fact of the evidence having been so taken without Oath being also recorded in the Minutes of Proceedings. (4 of 1876, s. 89.) Penalty on giving False Evidence. Inspection. Referees in matters of Native Law or Custom. 104. Whoever shall give false evidence, or shall make any false affirmation or declaration without Oath, shall be liable to be proceeded against, convicted, and punished in like manner as if he had given such false evidence or made such false affirmation or declaration upon Oath. (4 of 1876, s. 90.) 105. In any cause or matter it shall be lawful for the Court, on the application of either party, or on its own motion, to make such Order for the inspection by the Court, the Jury, the parties or witnesses, of any moveable or immoveable property, the inspection of which may be material to the proper determination of the question in dispute, and to give such direction respecting such inspection as to the Court may seem fit. (4 of 1876, s. 91.) 106. The Court may in any proceeding in which matters of Native Law or Custom may be material to the issue to be therein determined, and in which it may think it expedient to do so, call in one or more Native Chiefs or other persons, whom the Court shall consider specially qualified, to act as Referees, and may hear and try such cause or matter wholly or partially with the assistance of such Referees, and the affirmation of any such Law or Custom by the said Referees, upon being consulted by the Court, shall be evidence thereof, and the Court shall presume the correctness of such |