CO129-225 - Acting Governor Marsh - 1886 [1-3] — Page 256

252

given to either His Honour the Puique Judge, who has just returned from vacation leave, or, in default of him.

default of to the Registrar of the Supreme Court.

Now in the ciclereets of the public Aducínistration of justice I formally protest against either of the gouttesen in question being appointed.

That His Honour the Puiene Judge should accept the excting appointurent is, in the first place, illegal. It is distically forbidden by Section 13 of the Seepreme Court Ordinance, 1873. "" That Section"

to followr : ""No Judge of the supreme.

is as

"Court shall be capable of accepting, taking

H

or

• performing any

of profit

by

law on

any

other office or place

or emolument not authorised

pain that the acceptance of

such other

office

or place as

"

aforesaid shall be and be decused in

"low de facto

an avoidance of

office of Judge

shall cease

and

of his.

the

salary there of

accordingly from the time "of such acceptance of such other +

office or place."

it were not illegal for

Even if it

the

Puisue Judge to take

any

other office or

place it would be open to very grave objection.

in all

Your Excellency has always and things been a strictly constitutional or and I submit to you

Governor

that it is

opposed to all constitutional principle that a Judge should temporarily

descend

arena

from the Beuch into the

of forensic strife, become

ealaried government official,

fees,

receive

hold annual retainers and be

Arrican

aforesaid