and hence it would be requisite to call in the Services of some Attorney of the Settlement,
to act as Public Prosecutor, who would require remuneration for his services.
Mr Attorney General Sterling has expressed to me his readiness to undertake in the case suggested, during the Judge's absence, without any remuneration, but, fairly states his expectation that in the event of his availing himself of the same indulgence, no deduction should be made from his emoluments, and this is only reasonable. This appears to myself to be the only objection that can be raised against the Rule under consideration; and I therefore do not think it, under the explanation now afforded, to be well founded.
To prevent however the possibility of misapprehension on my part, and the consequent necessity of again troubling Your Lordship, I brought the case before the Legislative Council, and enclose the opinions of the Acting Chief Justice, and of the Attorney General No.2 on the subject:
The Acting Chief Justice, it will be seen, is of opinion that during the temporary absence of the Judge from the Colony, the preliminary process of issuing writs of capias, and other incidental duties of the same description, may with advantage be delegated, under the authority of an Ordinance, to the Registrar, or Deputy Registrar of the Court:
This arrangement would no doubt be convenient, but to uphold the dignity of the Bench, and considering that the Court has every jurisdiction of all the principal Courts in England, as well as that of the High Court of Chancery, and may therefore be called on at any time to decide on very grave questions, I should personally prefer the substitution of the Attorney General to that of any other person, during the temporary