30
any reason why a like privilege should not be conceded to the Colonies, especially as some of them have taken the initiative.
If you agree with us will you have the kindness to bring the matter to the attention of the Secretary of State with a view to the introduction of a Bill for the purpose, or of embodying it in some Bill dealing with a kindred subject.
We have only one copy of the Colonial Act, but we shall have much pleasure in sending it to you if you wish it.
We are, &c.,
(Signed),
ST. BARBE SLADEN and WING.
John' Bramston, Esq., C.B.,
Colonial Office, S.W.
31
be sealed by the Sapreme Court of Victoria, and then have the same effect as if originally granted in Victoria."
The Act after inter alia making provision for the payment of duty, &c. enacts (section
7) that upon such scaling the executor or administrator, or the attorney of such executor or administrator, shall be deemed for every purpose executor or administrator within Victoria.
Similar enactments by the Imperial Parliament world with all deference, we submit, remove the inconvenience suggested by the Law Officers.
At present the Probate Division of Her Majesty's High Court of Justice grants probates or letters of administration as a matter of course to the duly constituted attorney of any executor or administrator to whom probate of administration has been granted by any court of competent jurisdiction in our Colonies of a deceased person domiciled there, and we submit that the resealing in the manner suggested would not confer on the Colonial executor or administrator or his attorney any greater privilege, but only simplify the proceedings.
We have the honour to request that the matter may receive further consideration.
I am, &c., (Signed) ST. BARBE SLADEN and WING.
PUBLIC RECORD
OFFICE
Reference :-
TITIFICO. 885 / 5
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Enclosure 9 in No. 8.
COLONIAL OFFICE to MESSRS. ST. BARBE SLADEN and WING.
GENTLEMEN,
Downing Street, February 21, 1887. In reply to your letter of the 27th uit.,* I am directed by the Secretary of State for the Colonies to inform you that Her Majesty's Government have already had under their consideration the question of providing facilities such as you suggest for giving effect in this country to probates and letters of administration granted in the Australian Colonies.
A reference on the subject, was, by direction of Lord Granville, made to the Law Officers of the late Government, and his Lordship was advised by them that it would not be expedient to make such a change in the law, as Colonial wills are usually proved, not by the executor named in them, but by his attorney for that purpose in this country, through whom the business of administration is done; and that it would in fact be inconvenient to send the original probate or letters to this country to be sealed. I am to add that the present Law Officers have expressed a similar opinion.
Messrs. St. Barbe Sladen and Wing.
SIR,
I am, &c.,
(Signed)
Enclosure 10 in No. 8.
JOHN BRAMSTON.
MESSUS. ST. BARBE SLADEN and WING to COLONIAL
OFFICE.
1, Delahay Street, Westminster, S.W.,
February 24, 1887.
We have the honour to acknowledge the receipt of your letter of the 21st instant informing us that the Secretary of State for the Colonies has been advised by the Law Officers that it would not be expedient to make the change in the law with respect to probates, &c. suggested in our letter of the 27th ultimo on the ground that Colonial wills are usually proved not by the executor named in them but by his attorney for that purpose in this country through whom the business of administration is done, and that it would in fact be inconvenient to send the original probate or letters to this country to be sealed.
We venture to submit that such an objection would be equally applicable to probates or letters of administration granted in this country and which are now acted the Colonies on being resealed there.
in
upon
Practically, however, no inconvenience has hitherto been found to arise nor can we well sce how it should.
By the interpretation clause of the Act of Victoria, "letters of administration and probate" include "exemplification of" letters of administration and probate respectively. Section 3 of that Act enacts that the executor or administrator or his duly authorised attorney may produce probate or letters of administration granted by any court of competent jurisdiction in the United Kingdom, &c. which may under certain conditions
* Enclosure 8, page 29.
↑ Enclosure 9, page 30.
John Bramston, Esq., C.B.
SIR,
Enclosure 11 in No. 8.
COLONIAL OFFICE to F. T. PIGGOTT, Esq.
Downing Street, February 28, 1887.
AM directed by Secretary Sir Henry Holland to acknowledge the receipt of your letter of the 22nd ultimo,* with reference to the Bill which it was proposed to introduce into Parliament "for the more speedy execution in the United Kingdom of
judgments obtained in Indian and Colonial courts.
64
In reply, I am to inform you that the Lord Chancellor expressed the opinion that the provisions of the Bill should be regarded as consequential on, not anticipatory of, the realisation of so great a conception as Imperial Federation, and observed that it has not been shown that the difficulties surrounding the scheme have been or can be removed, nor could he suggest that the Bill would be desirable if they remained. His Lordship also stated that the point as to reciprocity is of very great importance, and that it would be desirable to be assured, by the most careful and authoritative communications, that the several Colonial Legislatures would adopt the principle of the Bill, and also that the reciprocal powers could be conveniently worked. His Lordship further observed that some of the difficulties of the subject in detail arc illustrated by the important sections already struck out of the Draft (e.g., as to Probates) and by the strong objections of the Board of Trade relating to Binkruptcy proceedings, and that he did not observe that consideration had been given to the question of office arrangements, which might become of great importance if registrations of Indian and Colonial judgments were to take place to any great extent.
I am further to state, with reference to the suggestion made at the end of your letter under reply, that Sir Henry Holland will not fail to give careful consideration to any further observations you may wish to lay before him, but that he would not feel justified in inviting the opinion of the approaching conference upon a proposal which the Lord Chancellor has not approved.
F. T. Piggott, Esq.
I am, &c.,
(Signed) JOHN BRAMSTON.
Enclosure 12 in No. 8.
F. T. PIGGOTT', Esq., to COLONIAL OFFICE.
2, Doctor Johnson's Buildings, Temple, E.C.,
February 28, 1887.
I HAVE to thank you for the courtesy and fullness of your reply to my letter relative to the proposed Bill for the more speedy execution of Colonial and Indian
SIR,
* No. 7.
D 4