Enclosure 2
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Hon. Colonial Secretary, 424463 • IP NOV UC
The office of Judge of the Supreme Court is a statutory one. (Supreme Court Ordinance 1873 Section 9). The office is not one which the Governor can create by commission under the Royal Instructions. Every permanent Supreme Court Judge must be appointed by Letters Patent under the Public Seal of the Colony in accordance with instructions from a Principal Secretary of State. The Governor may in the circumstances stated in the Ordinance (Section 10 (1) and (2) and in such circumstances only appoint a person to fill provisionally the office of Judge of the Supreme Court. The power conferred by Section 10 is limited to cases (1) where the office of Judge becomes vacant by death or otherwise (2) where the Judge is to be temporarily ill or absent.
Neither of the above cases has arisen in the present instance. In these circumstances it is desired to appoint Mr. Wise the Puisne Judge to act as Attorney General, to recognise him as still holding the substantive office of Puisne Judge, to permit him to draw half pay as such Judge while acting as Attorney General, and to appoint some other person to act in his stead in the office of Puisne Judge receiving the undrawn half pay.
The question is whether Mr. Wise can be appointed to act as Attorney General and yet retain his office of Puisne Judge, though abstaining from the performance of any of the duties pertaining to that office, and whether, the office of Puisne Judge not being vacant nor Mr. Wise ill or absent from the Colony, any other person can be appointed to fill the office of Puisne Judge until Mr. Wise, should he assume the acting Attorney Generalship, resumes the duties of the Puisne Judge.
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