85

added, making allowance

20 weeks. er

five months, to enable him to revisit

Europe for the purpose of consulting

and seeing

2.

his family

do clow

n

The reply, which I directed to be sent to Mr. Smale, whilst offering him leave on part Salary, pointed out the impossibility of my giving him leave of absence on full Salary, unless I am prepared to abolish the Supreme Court whilst Mr. Smale is revisiting his family in England.

3.

It will be observed that he refers

to

Enclosure 1.3.

The Summary Jurisdiction Court Ordinance (May of 1862), and assumes

that the

Judge of

that Court is constituted his Deputy for

all such

Jurisdiction

as he

may

direct, and

56

that this

was

the main object of his

appointment as though the Colony

ever

intended to

appoint a supplementary Judge with "the main object"

of giving the Chief Justice control over the

time and services

of so highly paid an

Official merely to secure

for himself.

4.

a long

vacation

In a despatch West of the 28th March 1862 Six Hercules Robinson, when

transmitting the Ordinance in question states

that,

as

it

was

thought the

new

Judge's

#

time would not be sufficiently occupied

"Provision had therefore been made by

one

of the clauses of the Ordinance to remit to

The Assistant judge for trial, from time to

time such

cases from the Supreme Court

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