81
Lutres under the Acting Chief Justice, as signified in his several letters of December 1847; that it was in consequence unavoidably filled up and the salary assigned to Mr Pollard, whose appointment was regularly approved by the late Governor, and reported by him to the Secretary of State.
His Excellency is decidedly of opinion that according to the Rules and Regulations for Her Majesty's Colonial Service, the power of appointing to any office in this degree of salary must vest entirely in himself, and it will be therefore necessary that official application be made for appointment of Mr. Fotter, that the same may be notified to the public in the usual manner, and submitted for approval to Her Majesty's Government.
(True Copy.)
I have, &c.,
(signed) Maine
Colonial Secretary.
Extract of a letter from the Chief Justice to His Excellency the Governor, dated 23rd June, 1848.
"I have also to request that Your Excellency will be pleased to reappoint Mr. Lotter as my clerk. On this subject, however, Your Excellency will permit me to remark that I have always hitherto considered the right of appointing my clerk as vested in myself. My first clerk, Mr. Leggett, was appointed by myself, and at his death in 1845 I appointed my present clerk, Mr. Frotter; in neither case was my right of appointment questioned. Indeed, in a conversation with Mr Merivale at the Colonial Office in April last, as to the payment of Mr. Trotter's salary during my suspension from office, my right of appointment was admitted. This, in fact, was the sole appointment reserved to me at the time Sir John Davis deprived me of the right of appointing such of the officers of the