t
7558.
No. 353.
(SIERRA LEONE.)
QUEEN'S ADVOCATE to FOREIGN OFFICE.
Doctors' Commons, July 20, 1865.
MY LORD,
I AM herewith honoured with your Lordship's commands, signified in Mr. Murray's letter of 18th instant, stating that he was directed by your Lordship to transmit to me the accompanying Despatch and its enclosure from Mr. Smith, Registrar of the Mixed Commission Court established at Sierra Leone under the treaties concluded by this country with foreign states for the suppression of the slave trade, reporting the death of Mr. Skelton, judge in those courts.
Mr. Murray was also pleased to state that it will be seen that in consequence of Mr. Skelton's decease and the absence of the Governor and of the Chief Justice of the Colony of Sierra Leone, a difficulty has arisen as to who is the proper person to fill the vacant judgeship, pending the appointment of a successor to Mr. Skelton, and he was to request that I would take these papers into consideration, and furnish your Lordship with my opinion as to the instructions which should be sent to Mr. Smith under the circumstances of this case; and he was also pleased to add that your Lordship would be glad to receive my report in time to send instructions to Sierra Leone by the packet appointed to take out the mails to Africa on the 23rd instant.
In obedience to your Lordship's commands, I have taken this case into consideration, and have the honour to
Report
1+
That I am of opinion that the words "the principal magistrate must be construed in accordance with the 2nd section of the Act of Parliament to be "the principal magistrate then residing and acting in the Colony," and therefore Mr. Huggins, the Queen's Advocate, is the proper person to fill the office ad interim of the Judge of the Mixed Commission Court.
The Earl Russell,
&o.
&o.
I have, &c. (Signed) R. PHILLIMORE.
o 18978-989.
$5-9/86.
PUBLIC RECORD
OFFICE
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19
C.O.
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