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PUBLIC RECORD OFFICE

Reference :-

TTI

C.O. 882

5 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED „PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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Service of Summons.

3. Every such summons may be served by an usher of the Supreme Court or of the District Court, or by any officer or constable of police.

Law of Mauritius as to Evidence to apply.

4. The law of Mauritius relating to witnesses and evidence shall be applicable to all witnesses appearing, and to all evidence taken, before the Commissioner, who is hereby authorised to administer an oath, or an affirmation or declaration when an affirmation or declaration would by such law be allowable, to any witness appearing before him.

Person summoned and not appearing how dealt with.

5. If any person on whom any summons shall have been duly served shall fail to appear in obedience thereto, without any lawful excuse for such default, it shall be lawful for the Commissioner to certify such default under his band, and such certificate without proof of any signature thereto shall be evidence of such default, and on production of such certificate to and motion "ex parte" by the Ministère Public before my Judge of the Supreme Court of this Colony, it shall be lawful for such Judge to cause such person to be brought before hin, and after hearing such person to adjudge such person to pay a fine not exceeding Rs. 200, and to be imprisoned for not more than 30 days, unless such fine be sooner paid.

Persons guilty of Contempt, how dealt with.

6. If any person so summoned as aforesaid and appearing before the Commissioner, shall refuse to be sworn or to make an affirmation or declaration, when an affirmation or declaration may be allowable, or if any person, whether summoned or voluntarily appearing, having been duly sworn or having made affirmation or declaration as a witness, shall refuse to answer any question put to him by or by leave and in the presence of the Commissioner, touching the matters in question in the inquiry, or to produce and show to the Commissioner any books, papers, or writings whatsoever, being in his possession or custody or under his control, which the Commissioner may think necessary to be produced, or if any person shall, in the presence of the Commissioner, be guilty of any contempt of him or his office, the Commissioner shall have such and the same powers, to be exercised in the same way as any Judge or Judges of the Supreme Court of this Colony, sitting in any court, may now exercise in that behalf; provided that any punishment to be awarded under this section shall not be more than a fine not exceeding Rs. 200, and imprisonment not exceeding 30 days, unless such fine be sooner paid.

Remuneration to Witnesses.

7. All witnesses duly summoned, and attending to give evidence, shall be paid their reasonable travelling expenses, and remuneration at a rate per diem according to the tariff for witnesses in force in the Supreme Court of Criminal Justice of this Colony, and all such witnesses shall have their bills taxed by the Registrar of the Supreme Court.

The amounts to be paid to witnesses, and all other expenses attending in the inquiry before the Commissioner, shall be paid by the Colonial Treasury,

Penalty for giving False Evidence.

8. Any witness who shall wilfully give false evidence before the Commissioner shall be deemed guilty of giving false evidence in a criminal cause, and liable to the penalty provided in Article 276 of the Penal Code.

Passed in Council at Port Louis, Island of Mauritius, the 10th day of November

one thousand eight hundred and eighty-six.

D. P. GARRIOCH,

Acting Secretary to the Council of Government.

Enclosure 2 in No. 35. Colony of Mauritius.

From the Henorable the PROCUREUR-GENERAL to the Honorable the Colonial

SECRETARY.

Mr. R. Solomon has just called on me to express the desire of Sir Hercules Robinson that the necessary action should be taken for the purpose of enabling him to examine witnesses upon oath.

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I consider legislation will be necessary, and advise that the Council of Government be specially called for Wednesday, when I will be ready with the draft ordinance which may be passed at once, the Standing Orders being suspended.

Please telegraph to the Governor and obtain the necessary authority to issue summons to-day. Mr. Solomon informs me that Sir Hercules Robinson wishes to begin his examination on Wednesday,

November 8, 1886.

No. 86.

(Signed)

LIONEL COX.

THE RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G., to THE RIGHT HON. EDWARD STANHOPE, M.P. (Received December 28, 1886.) TELEGRAPHIC.

Port Elizabeth, 27th December. Towards close of inquiry in Mauritius I became con- vinced a change in the Administration was necessary, and that delay pending reference home would be prejudicial and dangerous to public interests. I accordingly assumed Government on 15th, and upon my departure on 18th nominated General Hawley my successor; thought it expedient his chief adviser should have Colonial experience and be unconnected with recent conflicts. Round only person who fulfilled these conditions. I accordingly appointed him Acting Colonial Secretary until you can decide on a per- manent arrangement; he is anxious to be relieved when you can conveniently fil post. No provision is made in event of death or incapacity of Hawley; in such case Hennessy's Commission would revive. He talked of remaining in island pending your decision; if so, contingency should be provided for. No provision necessary if he leaves, as Senior Civil Member of Council, namely, Round would then succeed Hawley. I have hope to reach Cape Town on 29th. Have written fully by French mail from Mauritius leaving 22nd.

No. 37.

THE RIGHT HON. EDWARD STANHOPE, M.P., to ADMINIstrator Major-GENERAL W. H. HAWLEY. TELEGRAPHIC.

1st January.—Inform Sir J. Hennesy that he is desired to come to England at once,

en half salary, to give explanations with reference to Sir H. Robinson's report.

No. 38.

Sin J. POPE HENNESSY, K.C.M.G., to the RIGHT HON. EDWARD STANHOPE, M.P. (Received January 5, 1887.)

TELEGRAPHIC.

BEFORE hearing my defence I have been suspended by Royal Commissioner, who has written as follows: "I arrive at conclusion on general grounds which should not be "affected by your defence, which you are to send to me at the Cape, where my presence " is required." At the time of this arbitrary proceeding the decision in case of Lloyd was in my favour, and Royal Commissioner had been informed by me that the other cases could be also answered satisfactorily. I had 34 official witnesses for defence to be ‚ examined, besides others. In accordance with opinion of my legal adviser's and law officer's opinions, I appeal against these illegal proceedings of Royal Commissioners, and protest against injustice of suspension before my defence was heard.

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