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IN THE MATTER OF APPLICATION OF JOHN FERGUSON
NLR1V181
In the Matter of the Application
of JOHN FERGUSON for a
Writ of Prohibition against the District Judge of Colombo.
District Courts-Power of, to punish for contempt not committed ex facie-
Appearance of accused-Plea to jurisdiction after application for time to adduce
evidence-Ordinance No. 11 of 1868, s. 78-Power of Supreme Court to issue writ of
prohibition-Contempts cognisable by Superior and Inferior Courts of Record.
When a party appears before a District Court on a rule nisi issued on him to
show cause why he should not be attached for contempt, and asks for time to
adduce evidence, he is not precluded from subsequently pleading to the
jurisdiction of the Court.
A writ of prohibition is a remedy ex debito justice, and lies before or after
sentence, and it is not necessary that a party applying for it should, as in
applications for injunctions, show that he would be otherwise without remedy.
If a party have two remedies given him by law, the existence of one will not
prevent his taking advantage of the other, particularly if the latter remedy is
likely to be more prompt and certain than the former. And so, a writ of
prohibition on a District Judge may issue in cases in which an appeal lies upon
his orders.
A District Court is a Court of Record, and has power to punish summarily
contempts committed in the face of the Court, such as insult to the Judge,
interruption of the proceedings of the Court, disobedience to its lawful orders
or process, obstruction to its officers in the execution of its processes or
orders, &c.
District Courts cannot be viewed as representing in this Colony the Superior
Courts of Law and Equity in England, and they have not the powers vested in
these Courts as to summary attachment for contempts in respect of acts done out
of Court.
The Supreme Court of Ceylon has all the powers for punishing for contempt,
wherever committed in this Island, possessed by the Superior Courts of
Westminster.
Semble, there is no distinct recognition in Roman-Dutch law authorities of the
right of a Judge to deal summarily with contempts not committed in the face of
the Court, nor committed by way of obstruction to its orders, or with reference
to any suit or proceeding pending in the Court.
THE facts of this matter are fully stated in the judgment of the Supreme
Court.
Ferdinands, with Alwis, appeared for the applicant.
Samuel Grenier, for
Mr. Thomas Berwick, the District Judge of Colombo.
Cur. adv. vult.
3rd November, 1874.
The following judgm
