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Judgment
Shephard, J.—It is not necessary to enquire whether the gentleman who holds the appointment of Advocate-General is legally competent to
do so. I agree with Mr. Powell that the de facto Advocate-General may make this application. Both objections must however fail.
The authorities cited both by Mr. Brown and by Mr. Norton are against the contention that legally Government has no power to make a
temporary appointment.
As to the other question, it is suggested that, inasmuch as the statute requires that the appointment should be made subject to the qualifications,
conditions and restrictions now affecting such appointment, that provision is not complied with. This is the first occasion on which a gentleman who
is not a Barrister or Advocate of Scotland has been appointed to the office. I am unable to say that it can be properly inferred from that
circumstance that there is any such restriction upon the appointment to the office as is contended for. I must therefore overrule this objection.