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Printed for the use of the Colonial Office. October 1874.
Position of Notaries and Attorneys in Mauritius,
My Lord,
Mahé, Seychelles, August 26, 1874.
I HAVE the honour to inclose, in orignal, for your Lordship's information, a Report from Mr. Justice Gorrie, on the position of notaries and attorneys in Mauritius.
ture.
2. I had intended to have this paper printed, but had not time before my depar-
3. I believe that many serious abuses exist in these branches of the legal profession, and I fear that Mr. Gorrie's honest efforts to effect reforms, which mest touch many powerful existing interests, will be the means of exciting against him mach bitter and dangerous enmity.
The Right Honourable
The Secretary of State for the Colonies.
&c.
•
&c.
ac.
I have, &c.
(Signed)
A. GORDON.
Inclosure.
PUBLIC RECORD OFFICE
Reference :-
mmimmil
TILTIC.O.882
2 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Report as to the Notaries and Attorneys of Mauritius.
May it please your Excellency :
June 22, 1874.
1. VARIOUS matters have lately occurred which seem to render it necessary
to consider the position of the legal profession in the Colony.
2. The profession is divided into the three branches of Barristers, Notaries, and Attorneys.
3. The Notaries are very dissimilar to the Notaries Public kuown in England or Scotland. They are entirely French in the origin of their functions, and in the nature and extent of their duties.
4. These as defined generally in the Regulating Local Ordinance or Arrêté of 14 Pluviose, an III, frained on the model of a similar French law, are "to receive all the acts and contracts to which the parties ought by law, or of them. selves, desire, to give the character of authenticity attached to acts done under public sanction, and to fix the date, to preserve the Minutes in deposit, and to deliver principals and copies of such acts and contracts." The authenticity" hers mentioned gives the acts various privileges, and especially that of execution.
5. In France, from a very early date, the Notaries were resorted to, not merely for the purpose of depositing or signing deeds, but they were employed to draw the various acts themselves, and thus became, as it were, at once the Conveyancers and Public Registrars of the country, as distinguished from the work of the Attorney of attending to cases before the Courts.
6. The same system has been developed bere, the Notaries haring the practical monopoly of most of that better description of business which consists in advising as to family matters, drawing dogs, and working out successions, which at home forms the most lucrative part of the practice of Attorneys.
7. The notarial profession in France was regulated from time to time by Royal Ordinances, the Notary being always regarded as a public officer. Those Ordinances extend from the time of St. Louis downwards.
8. In this Colony the Arrêté just cited of 14 Pluvione, an xn, is the [584]
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