cHAP. 1] THE TENURE OF JUDICIAL OFFICES 1345
the Governor with the advice of the Executive Council
should, under the Royal Commission and Instructions,
suspend a Colonial judge, which suspension became dismissal
if confirmed by the Queen, who would obtain normally the
advice of the Judicial Committee. These powers extended
to all judges holding during pleasure ; the same method
was considered applicable by Sir Frederick Rogers, in the
absence of any provision excluding its operations, to judges
holding during good behaviour. The procedure was regarded
a8 being a convenient one by the Privy Council, as it enabled
full investigation to take place in the Colony, so that the
Judicial Committee was in a position to deal with the matter
apprehensively and finally when it came before it, whereas
if representations were made by Colonial legislatures the
uestion came before the Privy Council in a very incomplete
and unsatisfactory state, as the judge whose conduct was
impugned had seldom sufficient opportunity "to answer
oroperly the charges made against him.
The question of the applicability of this procedure to a
judge in the self-governing Colonies was considered in 1864
and 1865 in the case of Victoria.! Sir Redmond Barry C.J.
at the beginning of 1864 informed the Governor that he
intended to take leave of absence. The Governor referred
the matter to Mr. Higinbotham, who was then Attorney-
General, and he advised that judges had not the right to
take leave without permission, nor to report it direct to the
Governor. Finally the Executive Council directed that the
Attorney-General should be addressed by the judge as the
responsible minister at the head of the department to which
*he Supreme Court was attached.
Then a further source of difficulty arose : bv a local Act,
' Cf. Morris, Memoir of George Higinbotham, pp. 112-6,
* Cf. Forsyth, Cases and Opinions on Constitutional Law, pp. 78 seq.
The Acts regulating leave and requiring the assent of the Governor in
Council were altered by 57 & 58 Vict. ¢. 17, which exempts the self-govern-
ng Colonies (the new Colonies and Federations since 1894 have been added
to the schedule by Order in Council) from thecontrol of the Secretary of State.
which was substituted bv that Act for the provisions of 22 Geo. IIL ec. T5.
