OPY.
-
Minute B.
Third Judge.
* Ma
84
I am now absolutely convinced as to the necessity of
a third Judge and I should be sorry to think that any question
of money should be allowed to stand in the way of such a change,
The chief argument in favour of the change is the question of
appeal. As at present constituted the Appeal Court consists of
the Chief Justice and the Puisne Judge, from one of whom the
appeal necessarily lies, and the Chief Justice has a casting
vote. The result is that anyone who has the money will appeal
against the decision of the Puisne Judge (in consequence of the
casting vote) but that no one will appeal against a decision of
the Chief Justice unless he intends to carry the case to the
Privy Council. Another scheme has been that the Pulsne Judge
(whose time has been stated not to be fully occupied) should
relieve the Chief Justice of some of his original cases. I will
refer to the above statement later on, but at present I may say
that this scheme has been tried before. Both Sir John Carring-
-ton and Sir William Goodman used to exchange work with me and
the result was double work, for as I have said in consequence of
the casting vote, suitors will always appeal from the Puisne
Judge if they have the money and therefore time is lost instead
of being saved.
My
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