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5
the actual state of things.
H. So much is this the case that at this moment I do not see my way to any satisfactory arrangement. It is unquestionable that the most suitable appointment as Acting Chief Justice would be Mr Pauncefate. That gentleman however would have not merely to sacrifice half his salary as Attorney General but owing to the wording of the section of establishing the Supreme Court, of which I enclose a copy, it is questionable whether his drawing any part of his salary as Attorney General would not constitute an avoidance of his office as judge and thus he might find himself under an old Ordinance as to the necessity of resigning the Office of Attorney General.
5. Even admitting that he could not be regarded ad interim as accepting or taking on or performing any duty in connection with the office of Attorney General, he must be held to be performing the paid office of Judge of the Summary Court, and in case the section (Vide Sec. 5 Ordinance 1845) is applicable at all to an Acting Judge, I question whether he would not have to resign that post before taking on himself the office of Acting Chief Judge.
6. As a matter of course he would have to give up his permanent retainers at the time, and I am aware that one
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