CO129-347 - Governor Sir Lugard - 1908 [4-6] — Page 86

OPY.

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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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