retained after judgment, as it often happens that the ployed at any stage of the proceedings necessary to enforce a judgment are the proceedings. most complex and difficult in the suit; when so retained, the proctor must be allowed his proper costs for business actually performed by him. (6143, D. C. Ratnapoora, 11 Nov. 1851.)

Proctors ought not to be security for their clients. And it is improper for a proctor, acting as Secretary of a District Court, to undertake practice in that court. (Marshall, 547-8.)

A District Judge possesses, at his discretion, ample power over the proctors of his court to enforce their personal and due attention to the orders of the court. (12413, D. C. Caltura, 18 May, 1836; Morg. D. 81.) But it cannot dismiss or suspend a proctor, as that would be reversing the order of the Supreme Court, by which the proctor is appointed: the proper course is, if a District Court Proctor does any thing deserving dismissal or suspension, for the D. J. to investigate the case, and to report it to the Supreme Court.

Capacities in which proctor should not

act.

District

Judge's power over proctors.

CHAPTER XVII.

Courts of

Requests.

COURTS OF REQUESTS.

THE Courts of Requests are continued, or established, and regulated by the Ordinances No. 8 of 1859, and No. 9 of 1859. These courts had been established in 1843, and regulated by several ordinances, all of which were consolidated into one statute in 1859; and the courts were improved by the enactment of rules for their practice and guidance. When the Ordinances were consolidated, the then existing courts, commissioners, and other officers, were continued; and all judgments and proceedings had or commenced under any of the repealed ordinances were declared to remain valid to all intents and purposes, and were continued and enforced in the same manner as if they had been commenced under the authority of No. 8 of 1859 (§ 2).

The Governor was, however, empowered to establish, by proclamation, other Courts of Requests in addition to those previously existing every such court to be held at such places, and to have jurisdiction within the limits

appointed in the proclamation. The Governor may also revoke, alter, or amend any proclamation then already or thereafter to be issued under No. 8 of 1859 (§ 3). The "proclamations already issued" of course mean those issued under the authority of the repealed Ordi

nances.

sioners of

Courts of
Request.

The Governor may also, by his warrant, appoint a Commisfit person to preside over any one or more of the Courts of Requests. This person is called the Commissioner, and holds office during the pleasure of the Crown. The Governor may also appoint more than one commissioner to preside over the same Court of Requests; and in that case each commissioner has the power to sit apart from the other, and to exercise all the powers and jurisdictions vested in the court, or in the commissioner thereof. The Governor may also, with the advice and consent of the Executive Council, suspend any commissioner from his office until the pleasure of the Crown is known (§ 5). Of course subject to the rules laid down in the Colonial Regulations.

sioner's oath.

Every person appointed a commissioner, before Commisbeginning to execute the duties of office, takes and subscribes the following oaths of allegiance and office :

I, A. B. do sincerely promise and swear that I will be faithful, and bear true allegiance to Her Majesty Queen Victoria.

So help me God.

Chief clerk and court officers.

And the oath of office, as follows:

I, A. B. do sincerely promise and swear that I will faithfully and diligently execute, to the utmost of my abilities, the several duties of a Commissioner of a Court of Requests.

So help me God.

Such

Any District Judge, Commissioner of a Court of Requests, or Police Magistrate, is empowered and required to administer these oaths upon application being made to him, on that behalf, to administer them. oaths are to be enrolled, as of record, in the court of the judge, commissioner, or magistrate administering them. And a copy of such enrolment is to be forthwith. transmitted to the Registrar of the Supreme Court, to be filed of record in that court. (§ 6.)

There is attached to each court a chief clerk, and such other officers as may seem necessary to the Governor. The chief clerk and other officers are appointed to, and removed from, their offices in such manner as the governor directs. The commissioner of any court may suspend his chief clerk, or other officer, for misconduct, or any other sufficient cause; and, by a writing under his hand, appoint some other person to act in his stead until the governor's pleasure is known. The commissioner may also, in the case of the temporary absence of the chief clerk, by a writing under his hand, appoint some other

person in the chief clerk's place to do his duties during his absence. (§ 7). No provision is made as to the absence of the other officers, probably as they have not the same legal function as the chief clerk, and absence could be granted them and a substitute appointed without express permission of the law.

Each Court of Requests is a Court of Record. (§ 8.) Which means that it is a court where the judicial proceedings are enrolled or recorded for a perpetual memory and testimony: its rolls and books of proceedings are called the records of the court, and are of such high and preeminent testimony that their truth is not to be called into question. For it is a settled rule and maxim that nothing shall be averred against a record, nor shall any plea, or even proof, be admitted to the contrary. And if the existence of a record be denied, it shall be tried by nothing but itself; that is, upon bare inspection, whether there be any such record or no; else there would be no end of disputes. But if there appear any mistake of the clerk in making such record, the court will direct him to amend it. All Courts of Record are Courts of the Sovereign, in right of the crown and royal dignity, and no other court has authority to fine or imprison; so that, in general, the very erection of a new jurisdiction with power of fine and imprisonment makes it a Court of Record. (3 Bla. Com. iii. 26 Rex v. Clement, 4 B and Al. 218: Rex v. Davison, 4 B. and Al. 329.)

Court of

Requests a
Court of

Record.