PUBLIC RECORD OFFICE
C.O.885
Reference :-
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
19,555.
No. 223.
(GIBRALTAR.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Royal Courts of Justice, We were honoured with your Lordship's commands, signified in Sir Thomas
September 28, 1891. Sanderson's letter of the 14th of August ultimo, stating that by direction of your Lorship, he had to transmit to us the accompanying papers respecting the grant of Admiralty jurisdiction in Morocco to the Supreme Court of Gibraltar.
That that question was submitted to us for our consideration before the issue of the Morocco Order in Council, 1889, in consequence of a representation from the Chief Justice of Gibraltar, but no insertion was inade in the Order to meet the case.
That the Chief Justice of Gibraltar was, however, still of opinion that the jurisdiction in Admiralty cases possessed by the Supreme Court of Gibraltar should be extended
to Morocco.
That by Article II. (sub-section 1) of the Order in Council, the Supreme Court of Gibraltar was vested in civil and criminal matters "with all the powers and authority which the Supreme Court has, independently of this Order," over British subjects in Morocco, and such jurisdiction "may be exercised by any Judge of that Court at "Gibraltar, or at any place within the limits of this Order.'
That articles 78, 79, 80, and 81 of the Order specifically extend to Morocco the jurisdiction of the Supreme Court of Gibraltar in bankruptcy, lunacy, matrimonial causes, and probate.
That the Colonial Courts of Admiralty Act, 1890, abolished the Vice-Admiralty Court of Gibraltar, and transferred its jurisdiction to the Supreme Court of the Colony. That section 12 of the Act gave power to extend by Order in Council the application of the Act to Courts established under the Foreign Jurisdiction Act.
That Morocco, however, differed from other localities in which Courts were esta- blished under the Foreign Jurisdiction Act in that it had, by Order in Council, founded on Treaty, been brought within the jurisdiction of the Supreme Court of a Colony, and, that being so, it would appear that the application of the Colonial Courts of Admiralty Act had added Admiralty jurisdiction to the " Court exerciseable within the limits of the Morocco Order in Council. That if that powers and authority" of the Supreme were so, the extension of jurisdiction considered by the Chief Justice of Gibraltar to be necessary had been already effected without the necessity for further legislation. That if not, the proposed extension of jurisdiction could only be effected by an amendment of the Order in Council of 1889.
That Sir Thomas Sanderson was to request that we would take the enclosed papers into our consideration, and that we would favour your Lordship with our opinion :-
1. Whether the extension of the Admiralty jurisdiction of the Supreme Court of Gibraltar to Morocco had already taken place.
2. If not, whether, having regard to all the circumstances, and especially to the opinion of the Chief Justice of Gibraltar, frequently expressed, as to the practical necessity for extending such jurisdiction to Morocco, it was desirable that a short amending Order in Council to the Morocco Order in Council, 1889, should be passed for that purpose.
That Sir Thomas Sanderson was also to request that your Lordship might be favoured with any general observations on the subject which we might wish to offer..
In obedience to your Lordship's commands we have honour to
Report
That in our opinion the Admiralty jurisdiction of the Supreme Court of Gibraltar does not extend to Morocco.
Upon the information before us we do not see any pressing necessity that this jurisdiction should be so extended; the explanations asked for by Mr. R. S. Wright in his letter of 1st September 1889, and the particulars required by the Foreign Office letter of 29th June 1891, not having been furnished.
We have, &c. (Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
The Marquis of Salisbury, K.G.,
&o.
&c.
&c.
E 65453-$6.
25.-10,91.
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PUBLIC RECORD OFFICE