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I am directed to inform you that His Excellency is unable to accede to the latter request, not merely because the granting of your application requires the consent of The Executive Council, which could scarcely be obtained at so short a notice, but also because he must be satisfied that he can make all the arrangements necessary to carry on the work of the various Courts in the Colony during your absence from the Colony.
The Instructions of the Secretary of State on that point are clear.
I am further desired to act, for your information and guidance, that the rules on which you formerly relied concerning vacation leave in Article 133 of the Colonial Regulations are not considered by the Secretary of State to apply to a Judicial functionary like yourself, as you can only claim a vacation leave for the period during which the Courts do not sit.
This decision is the more important because the Secretary of State does not admit the construction of Section 341 of Ordinance No. 7 of 1862, which you put upon it, and considers that section to have been correctly interpreted by Mr. Trench. His Excellency has felt it due to you to place you early in possession of the above information in reference to the view taken by Her Majesty's Government of your former application for leave.