2
Sir Henry was also to add that your Lordship proposes to instruct the Governor- General that he should not for the future reserve Acts with suspending clauses, but that he should assent to them and transmit them for Her Majesty's special confirmation and approval.
In obedience to your Lordship's commands we have the honour to
Report
That in our opinion the assent given by Her Majesty amounts to a confirmation and approval of the Bill in question and that Her Majesty could not properly be advised to approve and confirm an Act to which she has already signified her assent.
We are of opinion that a proclamation should be issued in the form suggested in the sixth paragraph of the case submitted to us.
The Right Hon. Earl Kimberley,
&c.
&c.
&c.
We have, &c.,
(Signed)
HENRY JAMES.
W. V. HARCOURT. J. P. DEANE.
2367.
MY LORD,
No. 7.
(MAURITIUS.)
LAW OFFICERS to FOREIGN OFFICE.
Temple, 14th February 1874. We are honoured with your Lordship's commands, signified in Mr. Lister's letter of the 31st ultimo, stating that he was directed by your Lordship to transmit to us a letter, and its enclosure, relative to a difficulty which it was feared might arise in getting evidence for the prosecution of prisoners sent from Madagascar for trial in Mauritius, under the Order in Council of the 4th of February 1869.
That with a view to avoiding that difficulty it was suggested that either the Foreign Jurisdiction Act should be amended or the power of the Madagascar Consular Court enlarged.
That Mr. Lister was to request that we would take those papers into our con- sideration and favour your Lordship with an opinion as to whether any change in that direction was desirable.
In obedience to your Lordship's commands we have the honour to
Report
That we quite recognise the evil that may exist through the non-attendance of Malagasy witnesses in Mauritius, and it doubtless is desirable to find, if possible, a remedy for that which may cause a failure of justice.
Two ways suggest themselves of improving the present state of things:-First, by giving increased powers to the Mauritius Court of receiving evidence; and, secondly, of improving and extending the powers of the local tribunals of Madagascar.
We think that it would not be expedient to allow a person accused of a grave offence to be tried on documentary evidence without the production of witnesses before the court in which the trial takes place.
It would be an innovation we should be unwilling to sanction.
We suggest that the more expedient remedy is either by appointing a Consul at Madagascar with legal experience and with extended powers, or by causing a
judge from Mauritius to visit Madagascar to try prisoners as occasion may require.
The Earl Granville, K.G.,
&c.
&c.
&c.
We have, &c., (Signed)
HENRY JAMES.
W. V. HARCOURT. J. P. DEANE.
A 12916.-8. 25.-19/81.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO