2
With regard to all these questions it must be remembered that Sir Hercules Robinson has not at present made any decision or report founded on the evidence given before him on the inquiry.
Some of the objections raised by Sir J. P. Hennessy may be worthy of consideration, if addressed to the weight of the evidence given upon the inquiry, but would not, in our opinion, invalidate the proceedings themselves.
Sir Henry Holland, Bart., M.P.
We have, &c., (Signed)
RICHARD E. WEBSTER. EDWARD CLARKE,
1
·
6851.
15
PUBLIC RECORD OFFICE
Reference :-
TITLC.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
SIR,
No. 89.
(VICTORIA.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice,
April 7, 1887. WE were honoured with Mr. Bramston's letter of the 12th ultimo. stating that with reference to the letter from our predecessors of the 24th of May 1886, and to one addressed by us to the Home Office and communicated to the Colonial Office in December last, of which copies were enclosed for our convenience, respecting the provisions of clause 14 of the proposed Colonial Judgments Extension Bill, of which also a copy was enclosed, he was directed by you to transmit to us a copy of correspondence between the Colonial Office and Messrs. St. Barbe, Sladen, and Wing relating to the mode of giving effect in this country to probates and letters of administration granted in the Australian Colonies.
That having regard to the importance which appeared to be attached to the question, and to the possibility that it might be mentioned in the course of the proceedings of the forthcoming Colonial Conference, you would be glad if we would be so good as to consider those documents, and to favour you with our opinion as to whether it would be possible by any modification of clause 14 of the draft Bill to avoid the objections which had been raised to the proposed procedure.
In compliance with the request contained in Mr. Bramston's letter, we have the honour to
Report
That the opinion of the late Law Officers, with which we subsequently expressed our concurrence, was founded on the belief that the present practice as to granting probate in England of Colonial wills did not involve any appreciable inconvenience. If it be found, however, that the adoption of the plan of re-sealing in England probates granted in the Colonies would produce a saving of expense and simplification of procedure, and that the adoption of such a practice is really desired by the Colonies, we do not see any substantial objection thereto.
The Right Hon.
I have, &c., (Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
Sir H. T. Holland, Bart., G.C.M.G.,
&c.
&c.
&c.
No. 68.
▲ 50069.-14. 25.---4/87.
la