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Week-long activities to mark 100th anniversary

Bermuda's legal fraternity gathers at the Anglican Cathedral for yesterday's Assize service marking the 100th anniversary of the court.

Bermuda?s Supreme Court turns 100 this week and the legal community have planned a number of events to celebrate the centennial.

Bermuda established the Supreme Court on July 1, 1905.

By creating one main court the Government did away with a myriad of different courts including the Court of Admiralty, the Court of Chancery, the Court of Exchequer and the Coroner?s Court to name a few.

These smaller courts were specialised. The Court of Admiralty dealt with the ownership of vessels, the arrest of captains, as well as other matters that involved vessels and seamen. The Court of Chancery often dealt with land laws. It was also unique in that it was not bound to precedent like common law courts. The Court of the Exchequer began as a Government agency for collection of the Crown?s revenue as well as for exercising jurisdiction in cases affecting the revenue, it evolved into a court that dealt with other common law matters.

However it wasn?t until 1908 when the Court of Errors was abolished that the Bermuda court system became independent from the local and British Government. The Court of Errors was the highest appellate tribunal of the state, it had the power to review lower court cases based on a writ of error, a power previously held by the General Assembly. Prior to 1908 the Governor and Governor in Counsel were involved in its judicial functions. This ensured the Bermuda Supreme Court was an unbiased and fair institution.

The Supreme Court Act of 1905 laid out the laws and rules for the court.

The Supreme Court Rules, which span 130 pages of the Bermuda Historical Quarterly for 1905, lay out procedures and policies for taking oaths, affidavits, sureties and so forth.

Initially the Act stated that the Supreme Court could only have two Assistants Justices.

Today Bermuda has six Assistant Justices, which underscores how busy the court system is these days. Moreover, when the Supreme Court was established there was only one court room, which was in the Sessions House. Now there are five court rooms.

Since the establishment of the Supreme Court over 1,000 lawyers have been called to the Bar. Leighton Rochester of the Attorney General?s Chambers said: ?The integrity of the Bar is phenomenal.? He noted that only one or two lawyers have been disbarred and there have been a handful of suspensions in the first 100 years of the Supreme Court.

Bermuda?s Supreme Court has also seen a number of the Commonwealth?s top lawyers or Queen?s Counsels. Mr. Rochester said that a number of lawyers who received the honour of Queen?s Counsel and practised in Bermuda have gone on to become judges in England.

To mark this special event there will be a number of events held during the week.

There will also be a special sitting of the Supreme Court on Friday at 3 p.m. and will celebrate the first sitting of the Supreme Court exactly a 100 years ago.

Two of the speakers at the event will be Peter Smith, the only living lawyer who practised under the first rules of the Supreme Court, and Dame Lois Browne Evans. Space permitting the public is welcome to attend.

On Saturday there will be a black tie affair at the Fairmont Southampton Hotel at 7 p.m.

Tickets are being sold by the Centenary Committee for $150 and can be purchased by calling 292-1350 ext. 264.

The keynote speakers at the event will be QC Gilbert Gray and Lord Slynn of Hadley, a distinguished member of the Judicial Committee of the House of Lords and the Privy Council.