CO885-(13-15) — Page 121

Act No. 59, Nov. 26, 1887.

PUBLIC RECORD OFFICE

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

58.

JORD,

No. 153.

(WINDWARD ISLANDS.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, June 18, 1889. We were honoured with your Lordship's commands, signified in Mr. Meade's of the 8th instant, stating that he was directed to inform us that the Governor-in- of the Windward Islands had inquired of your Lordship by telegraph whether pointment of an Acting Chief Justice could be made for holding Criminal ins in the Island of Grenada during the absence of the Chief Justice to sit in one

other Islands, in the Court of Appeal of Barbados and the Windward Islands. at Mr. Meade was to enclose a copy of the Grenada Act to provide for the ishment of the Court of Appeal, and to direct our attention to the words in n 2"or the persons acting in their capacities for the time being," and to n 23, which appeared to contemplate the appointment of an Acting Chief

of the Island during the absence of the Chief Justice on duty as a Judge of ›urt of Appeal.

t similiar Acts or Ordinances mutatis mutandis were enacted in each of the other

[slands. That the Chief Justice was the sole Judge of the Supreme Court of

da.

t it appeared to your Lordship that the appointment of an Acting Chief Justice vitiate the proceedings of the Court of Appeal, as it might be a question whether ief Justice of Grenada would be a member of that Court while some other person ting in his capacity in Grenada.

t

your Lordship would be obliged if we would be so good as to furnish you, at rliest convenience, with our opinion upon that question.

have taken the matter into our consideration and, in obedience to your up's commands, have the honour to

Report

in our opinion, the appointment of an Acting Chief Justice during the absence Chief Justice of Grenada, while sitting as a member of the Court of Appeal, t vitiate, or affect the proceedings of the Court of Appeal.

on 23 of the Act No. 59 of 1857 shows that it was intended that a deputy

be appointed pending the absence of the Chief Justice on duty as a member of irt of Appeal.

o above opinion we have assumed that there is power to appoint such deputy; cuments before us do not show in whom such power is vested, but we have ›ubt that, as in other cases, provision exists for appointing a deputy, as it is clear ver is assumed to exist from the Act of 1857, and also No. 37 of 1859.

The Right Hon.

Knutsford, G.C.M.G.,

3.

&c.

&c.

We have, &c., (Signed)

RICHARD E. WEBSTER. EDWARD CLARKE.

014.-28. 23.-6,89.

Act No. 59, Nov. 26, 1887.

PUBLIC RECORD OFFICE

C.O. 8

Reference :-

885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO