PUBLIC RECORD OFFICE
ارسال
CO.
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• 885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
2
That the question was again raised by Señor Calcano, in his letter to the Earl of Derby of the 14th November 1876 (Print, p. 22), and by Señor de Royas in his letter to the Earl of Derby of the 15th February 1877 (Print, p. 24), and in his letter, to your Lordship of the 18th May 1879 (annexed).
That to that last communication your Lordship, with the concurrence of the Colonial Office, replied in the terms of the concluding paragraphs of your Lordship's letter to Señor de Royas of the 10th January 1880.
That on the 12th January Señor de Royas called at the Foreign Office and verbally intimated his dissent from the views therein expressed Majesty's Government could not set up a title to the islet of Patos by usucaption or That he argued that Her prescription; that the cession under which they claimed was invalid ab initio, and that their claim had been protested against by Venezuela from the earliest moment. That he urged that the question be referred to arbitration.
That under these circumstances Sir Julian Pauncefote was to request that we would take these papers into our consideration, and favour your Lordship with our opinion as to whether there was any substantial doubt in regard to the title of Great Britain over the Island of Patos.
In obedience to your Lordship's commands we have the honour to
Report
That, before advising your Lordship more fully upon the conflicting claims of Great Britain and Venezuela to the Island of Patos, we desire to be informed what evidence can be produced to establish the fact stated in the letter of Sir Julian Paunce- fote, that the Islet of Patos has been held and treated as a dependency of the British Colony of Trinidad ever since the occupation of that island in 1797.”
We have, &c. (Signed)
The Marquis of Salisbury, K.G.,
&c.
&c.
JOHN HOLKER.. HARDINGE S. GIFFARD. J. PARKER DEANE.
No. 220a.
(CYPRUB.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
We were honoured with your Lordship's commands, signified in Sir Julian
Temple, April 27, 1880. Pauncefote's letter of the 11th March last, stating that on the 24th of February 1879 he transmitted to us, by direction of your Lordship, a printed memorandum entitled "Project of Judicial Reorganization and Reform for the Island of Cyprus," and he requested that we would favour your Lordship with our opinion thereon.
That our reply, dated the 23rd of April following, contained some remarks on the High Court of Justice Ordinance, a copy of which accompanied the memorandum, but omitted to notice the Project of Judicial Reform which had been submitted for our consideration.
That it had only recently been discovered that a note which Sir Julian Pauncefote addressed at the time to Dr. Deane, requesting him to bring the above circumstance to your notice had miscarried, and in the meanwhile it had not been possible to make any progress in the matter of judicial reform in Cyprus.
That Sir Julian Pauncefote was now directed by your Lordship to transmit to us another copy of the printed memorandum in question, and to request that we would be good enough to favour your Lordship with our opinion on the proposals therein contained.
That Sir Julian was also to request that we would be good enough in connexion therewith to consider a further memorandum on the same subject by Mr. L. Phillips, the present legal adviser to the Government of Cyprus, which Sir Julian had trans- mitted to us in his letter of the 23rd of October last, and of which an additional copy was then enclosed.
That we would observe from the various documents submitted to us that Cyprus possessed a complete and well-digested code of laws, but that the procedure of the Turkish Courts was in some respects defective, not only in the matter of evidence, and that the reform which was most urgently called for was in the constitution of the native bench.
That it might be desirable therefore, before attempting any larger measure of reform, to try the effect of replacing the present native judges by a smaller number of qualified and salaried native judges, and to provide for an appeal from the decision of the highest native Court to the High Court of Justice.
That for the purpose of such appeal the Judicial Commissioner might be empowered to sit with a certain number of native judges, and their decision would be subject to a further appeal to the Judicial Committee of the Privy Council.
That the local Legislature might by degrees remedy the defects complained of in the procedure of the native Courts, and the working of that system for a time would perhaps afford more practical means than are at present possessed of judging whether it be really necessary or expedient to substitute new codes of laws for those at present in use and to
to such an extent as was proposed the existing system of
judicial organization in the Island.
That Sir Julian Pauncefote was to request that we would take the above observations into consideration in connexion with the general question of judicial reform in Cyprus, as to which your Lordship would be glad to be favoured with our opinion at our early convenience.
In obedience to your Lordship's commands, we have the honour to
Report
That we have carefully considered the memorandum of Mr. L. Phillips, whose local experience and practical knowledge entitle his opinion to the greatest weight. But we are urable to agree with him in his recommendation that the Nizam Courts should be continued. The " scant material at hand from which to select judges for those Courts, " and the difficulty of finding men of known probity, broad intelligence, and who, if
* No. 199a.
A 20491.-94. 25.---6/86.