7.
38
preside alone over
the principal Tribunal, which decides on the most complicated and important
concerns affecting the property, lives,
and liberties of society
here._
6 I endorse Minutes of the Council at which leave was granted to the Chief Justice, because Your Lordship will thence perceive that Mr Dods was prepared
to make his statements much stronger
& Mr Smales' incapacity for mental work.. Moreover, the Acting Attorney General concurred to the universal feeling
here
regarding Mr
evidence as
of this
profession
Smales' continuance in his post,
certainly appears deserving of some
consideration #4
30 December 1871.
attention.
7.- It is
reported to have ample
independent private means and can also claim a pension commensurate to his services. Therefore if he cannot, through mental incapacity, without risk of scandal and injury to the Public, continue to hold his office longer, I own that I am unable to understand on what
grounds his
office is made tenable during Majesty's pleasure, if not thereby afforded a means of removing him when his further exercise of his judicial functions has become injurious to himself as well as to the Community.