CO129-381 - Governor Sir Lugard - 1911 [11-12] — Page 504

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Justice Gompertz in the advisability of creating a small debts court, which could also assist the Puisne Judge in his summary work, and would obviate the necessity of appointing a Third Magistrate.

15.

I submit therefore that the most feasible

course to pursue would be:-

(a).

To adopt the "Shanghai Judge Scheme" for one

year only, and to announce that a third Judge would be appointed

at the end of the year. This would satisfy Mr. Pollock and those

who are opposed to the scheme, and would at the same time ob-

-viate a volte face with the Foreign Office and Sir H. de Saus-

-marez. It would in the opinion of the senior law officers of the

Administration involve no risk whatever of failure, and by an

immediate announcement such as I suggest the Government could not

be accused later of having introduced a scheme which it intended

to be permanent, and of having to reverse it within a year or so.

The emoluments asked by Sir H. de Sausmarez should be conceded,

and the scheme might be in operation from July 1st, 1912, to

July 1st., 1913.

(b). It is clear that in order to make an effective Appeal Court locally there must be at least 4 qualified officers, since one or other will be constantly absent on leave. It should therefore I submit be an essential qualification for appointment to the substantive post of 1st. Magistrate, that the holder should be a barrister qualified to sit in the Appellate Court. Moreover the machinery set up for the 1st. year should be retained as a resource in case of emergency. The Ordinance constituting the Appeal Court with a Shanghai Judge (or a barriste -er of a certain standing) would not therefore be repealed, but a clause would be added making it operative only when sufficient Appellate Judges were not available in the Colony.

(c).

In the Estimates for 1913 provision would be made for the appointment of a Second Puisne Judge on a salary of (I suggest) £1,000 per annum who will sit in the third court in the new Law Courts, and will take small debt cases, and relieve.

the