5303. Who has acted in the interval?—During one interval, Mr. Melville, who was Queen’s advocate at the time, and Mr. Carr, who was also Queen’s advocate, and who is now chief justice, officiated on another occasion.
5304. Were they gentlemen who had a legal education?—Both of those persons had; but there were two other instances in which the office was held by men who had no legal education; once by a merchant, and a second time by the collector of customs.
5305. Was that under the necessity of the case?—Yes.
5306. Mr. Forster.] How long did the collector of customs hold that office?—A very long time; he held it from the death of Chief Justice Rankin until the appointment of Mr. Carr as chief justice, which was probably a year and a half after.
5307. Mr. W. Patten.] Do you know what year it was in?—From August 1839 till, I think, the end of 1840, or the beginning of 1841.
5308. Mr. Forster.] It is a part of the duty of the chief justice to deliver the gaol at the Gambia, is it not?—Yes.
5309. Are you aware whether the acting chief justice visited the Gambia for that purpose during the 18 months in question?—Certainly; while I was there Mr. Hook visited it.
5310. Do you know how frequently, in each year, it is the duty of the chief justice to deliver the gaol of the Gambia?—There is no time appointed; but I consider it a great disadvantage both to the Gambia and Sierra Leone, having only one chief justice for the two places.
5311. You are not aware whether the Gambia has not been left for a period of 12 months without a gaol delivery?—No; I think it is possible that it might be the case between the early part of 1838 and 1839, or between the beginning of 1839 and the beginning of 1840. There is very great difficulty in getting any person in a colony like that to fill the situation of chief justice, I mean from among the residents in the colony.
5312. Are you aware of the cause of the office having been vacant for the period of 18 months?—No, not at all; I suppose that the Colonial Government could not find a proper person to send out. One barrister who was appointed was drowned before he reached Sierra Leone.