Supreme Court generally between specified dates or still would be a very further notice. It convenient construction of the Ordinance for a Chief Justice causes it would enable him for instance to spend the whole summer with such no work and full salary; as by delegating all his functions to the judge of the Summary Court, he would turn the latter practically into an Acting Chief Justice without pay.
That the Legislature never intended a construction of the Ordinance appears from the circumstance that Ordinance 11 of 1866 was passed to enable the judge of the Summary Court and specified other persons to grant "Interim Injunctions" in the absence of the Chief Justice, thereby implying that when the Chief Justice leaves the Colony he cannot generally delegate his functions.
Chief Justice I consider that no one who has at heart the interests of the Public Service would, except on the score of ill health, avail himself of the two month's leave of absence to which he is entitled every year, at any other period than that set apart for the Vacation of the Supreme Court. But should the present Chief Justice choose to do so, and his interpretation of the Ordinance be accepted, there is no reason why he should not every alternate year relieve himself from business for 6 months on full salary by tucking together the 4 months leave to which he would be entitled and the period of 2 month's Vacation of the Supreme Court.
I would point out also that the Chief Justice in his letter of the 17th instant delegates to me the business of the Supreme Court in its various Jurisdiction. This he clearly cannot do as Vice Admiralty Court though Bankruptcy there is a special Provision. (See Sec. 5 of No. 5 of 1865.)
regards the as to Julian Pauncefote.
Ally Seul
4. Mch. 1860.