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in many instances refrained from carrying their cases to the local Appeal Court because the majority of such appeals would in point of fact be decided by the same Judge though sitting in a different capacity. With an independent Court constituted as proposed it is anticipated by everyone whom I have consulted that appeals will rapidly increase in number, and it is therefore very probable that the length of time which Your Honour is able to afford may not suffice. If and when such a state of things arises it will be necessary to appoint a Third Judge of the Supreme Court in this Colony, a contingency which I am the more able to contemplate with equanimity because of the demand which has quite recently arisen for a Summary Small Debts Court. I anticipate therefore that it may not be improbable that the period for which Your Honour would continue to be the sole and only third judge of Appeal would not be very prolonged, and I propose that this con- -tingency shall be recognised in the Bill constituting the new Court, a draft of which I shall have the honour to submit for your consideration very shortly. Thould my anticipations be realised the sacrifices you are so good as to make in the public service would not extend over any long period.
5.
In the event of the appointment of a Third Judge, the scale of remuneration offered on the occnsions when it night still be necessary to ask for Your Honour's help would with your consent be based on the duration of Your Honour's visit, and would cease to be an annual obligation.
6.
I trust that the observations I have made will. relieve Your Honour from the fear that you are incurring an obligation the onus of which may annually increase without any vis -ible method of emancipation, and at the same time convince you of my cordial appreciation of your motives in assisting this Colony in the present dificulty.
7.
I have to offer you my epoligies for the delay in replying to your despatch, which has been unavoidable.
I have etc., (Sd.) F. D. Lugard,
Governor,&c..
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