3736.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 700, (QUEENSLAND.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, April 15, 1871.
We are honoured with your Lordship's commands signified in Mr. Holland's letter of the 10th instant stating-
1871.
1st. That he was directed by your Lordship to transmit to us a copy of a Despatch No. 7, from the Administrator of the Government of Queensland requesting that Her Majesty 24th June might be recommended to direct by Order in Council that the Colonial Attornies Relief Aot (20 & 21 Vict. c. 39.) might come into operation as regards that Colony.
2nd. That copies of the correspondence which accompanied the Despatch were also C. C. to Law enclosed, together with copies of correspondence which passed in 1858 with the then Officers, Law Officers of the Crown on the occasion of the Act being brought into operation in 26th Aug. New South Wales.
1858, Law Officers,
3rd. That Mr. Holland was to point out that the Queensland rules required the 6th Sept. service and examination prescribed by the 3rd section of the Imperial Act, but except 1858. from the obligation not only English solicitors, but persons who had served for five years as judges associates, solicitors of New South Wales and Victoria, and matri- culated members of certain universities.
4th. That those exceptions, your Lordship did not doubt, were in themselves proper and sensible, but they were in addition to the exception prescribed by the Act, and therefore might raise a technical question whether Her Majesty could be advised to issue the order.
5th. That the regulations of New South Wales (in respect of which Colony the requisite order had been passed) were said to be open to the same objection as. to judges associates, but that seemed not to have been before the Secretary of State when, on the advice of the Law Officers, he recommended the issue of the New South Wales Order in Council. The fact, however, that graduates of the Sydney University were exempted in New South Wales (an exemption enlarged in the Queensland Regulations) was before the Law Officers.
6th. That Mr. Holland was desired to request that we would favour your Lordship with our opinion whether, having reference to the doubt above raised, the Order in Council could properly issue.
In obedience to your Lordship's commands we have the honour to
Report
That we are of opinion that the doubt suggested to us by your Lordship's desire in Mr. Holland's letter is well founded, and that it would not be proper to advise Her Majesty to issue the Order in Council prayed for by the Governor of Queensland. "The qualifi- The words of the 7th section of 20 & 21 Vict. cap. 39. are very strong.
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"cation for admission as an attorney or solicitor in the superior courts of law and equity in any Colony or Dependency must answer to and fulfil the conditions specified in section 3." Queensland it appears is not a Colony in which to use the words of section 3 "full service under articles of clerkship to an attorney-at-law for "the space of five years at the least, and an examination to test the qualification of "candidates, are or may be required previous to admission save only" in the case of English attornies or solicitors.
We think, therefore, that Queensland is not a Colony within the enactments of the 7th section, and that the Queen cannot properly extend the 20 & 21 Viot. c. 39, to it by Order in Council.
This being our view it becomes unnecessary to inquire whether the associates of the Queensland judges, or the graduates of Sydney and other universities, have any such special training in the knowledge requisite for the fit discharge of the duties of an attorney or solicitor as to make them proper objects of exemption from that examination to test their qualifications which it has been the great object of English legislation to
enforce.
The Right Hon. the Earl of Kimberley,
&c.
&c.
&c.
We have, &o.
(Signed)
R. P. COLLIER.
J. D. COLERIDGE.
• 16278-683.
93-5/86.