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PUBLIC RECORD OFFICE

Reference :-

TLC.O. 882

PUBLIC RECORD OFFICE, LONDON

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

101

MAURITIUS ROYAL COMMISSION, 1909 :

Mr. Justice BROWN

(25.)

REPLIES of HIS HONOUR R. M. Brows to Written Questions.

C 1 Under me ole man. my clerk-he was at work on Saturday the 19th June, date of covering letter to queries, and has been at work daily since that dute.

For information concerning the whole departinent, see answers of the Chief Judge, who is the administrative head there.

is pensionable.

(2 Acts as my clerk and receives Rs. 3,000 per annum ; Attends to Chauber work, when I am in Chambers-receiving applications, making out summonses and orders, registering them, taking down evidence when necessary and interpreting, copying and registering correspondence, copying judgments, collecting and classing authorities, papers, &c., in connection with cases Interpreter for French and Créole patois in court under consideration, and all other clerical work needed. when I am on the bench.

For information concerning the general department, see answers of the Chief Judge.

C. 3. My office, consisting as it does of one clerk only, and a messenger, is not susceptible of much reorgani - sation, in view of a considerable reduction of the general vote. I cannot recommend the abolition of the post of Judge's Clerk.

A clerk is necessary, and as his work is often of a very confidential nature he must receive a All that I can say is that his time is not always fully occupied and salary sufficient to secure a reliable man. that, when free, he can do copying work for other branches of the Supreme Court (Registry or Bankruptcy) in case of pressure of that class of work

The salary of the Judge's Clerk was formerly 2001, it was subsequently raised to 2007, to 3001, and for interpretation in court he received in addition fees from parties, and was paid 501. per annum additional Interpreter in Criminal Cases and Civil Cases in which the Government was interested. Subsequently the alary was fixed at Rs. 3,000 without Interpretation fees, but no steps were taken to secure to the Revenue, in reduction of these expenses, Interpretation fees to be paid by parties to Civil Cases. This might, and I think should be done, as in the case of Interpreters of Indian dialects.

I am inclined to think that some reduction might be effected in the salaries of Judge's Clerks on vacancy. say, of Ra. 1,000, if four Judges are retained, or Rs. 500 if three Judges only are employed, as of course the reduction in number will entail an increase of individual work in some respecta.

As regards the Judges' salaries, 1 can recommend no reduction on vacancy; the salary is not excessive, and it would, I think, not be conducive to the securing of efficient men if the salaries were reduced.

As to reductions in the Master's Office, Registry and Bankruptcy Sub-departments, I find myself unable to dissent from the views expressed by the Chief Judge on this subject, not being, as Puisne Judge, in touch with the routine work of those sub-departments. I would, however, remark generally, that it would be unwise to ente reductions upon the basis of averages of court work during the past few years. The Registry and Bankruptcy work necessarily fluctuates with the court work of which it is the corollary, and any important ruction might and probably would have for its effect to dislocate the departmental machinery.

As regards the possibility of reducing the number of Judges, that involves so many considerations, that like my brother Judges, I have sent in a report to the Governor, in which, after explaining the advantages of four Judges, I have made such suggestions as appear to me practicable in the event of the reduction being found necessary. The saving realised by the suppression of a Judge and his establishment would be of Ra 15,300 per annum (salaries of a Judge, clerk, and messenger), less the pensions of the officers whose services might be dispensed with, which would vary according to the selection made. The immediate saving would not be of so much importance us the prospective saving by the abolition of pensionable offices.

C + No.

€ 5 No.

Co

No.

C 7

No.

('. P.

None in my office.

For the General Department, see answers of the Chief Judge.

None,

C. P. My office collecta no revenue for General Department, see Chief Judge's answers.

C. 10.

C. 11. As at present advised, I can think of no particular matter on which I would like to give evidence. My Report to the Governor on the suggestion of a reduction of the number of judges will, I presume, reach the I may mention in that reference that I have not seen the Reports of my brother Royal Commissioners. Julges, and am in ignorance therefore of the views they may have expressed individually.

24th June 1909

(26.)

REPLIES of HIS HONOUR L. A. THIBAUD to Written Questions.

R. M. BROWN,

1st Puisne Judge.

C. 1. My clerk only. Though I was at court on Saturday, 19th, I gave him leave for the day, as we are at present in vacation (15th to 30th June) and I did not require hia servicon.

C. 2. My clerk receives Ra. 3,000 per annum and is pensionable. Attends to chamber work when I am in chambers, including Registrar's work in oneen heard in chambers; copies correspondence and judgments, In court, is interpreter for French and for Créole registers them; in one word, does all kinds of clerical work.

patoim when I am on the bench.

For information concerning the various branches of the department, please refer to that supplied by the Chief Judge, who, as head of the department, has those branches under his direct control.

C. 3. The most wubstantial saving would be by abolishing the fourth judgeship. I have set forth in a letter of mine to the Governor this week what I have to say on the point.

My personal staff consisting of one clerk, I do not see how that staff can be reorganised in view of, or after,

■ reduction of expenses. The salary of my clerk includes everything. Formerly the Judge's Clerk received from the Procureur General's Department Rs. 500 as an interpretation fee in Crown cases and, from the parties to a suit, foes, when acting as interpreter in court, bosides his salary, which ranged from 2001 to 3001. I wish to

MINUTES OF EVIDENCE.

Mr. Justice THIBAUD.

105

[Continued

17 August 1909 || remark, en pant, that I see no reason why the interpretation fees in court, which formerly went to the clerk, should not be claimed now in all cases by Government, which claims it only in the case of interpreters of Asiatic dialects. 1 consider a clerk to each judge necessary, chiefly as he has access to notes of judgments, I must state, however, that he has numerous and judgments, and other work of a confidential nature. leisure hours, not through any fault of his, but owing to the fact that I do not require his services while going through records and authorities bearing on cases. I shall be very glad to see his leisure hours employed in giving assistance in the other branches of the department.

1

A reduction, say, of Ra. 500 might, I think. be made on the salary of the Judge's Clerk on vacancy Consider the judge's salary not at all exaggerated if efficient men are to be secured. It is a notorious fact that two of the leading members of our Bar recently declined the post in view of the salary attached to it.

With regard to the Master and Registrar's Office, I am afraid I could not safely venture upon any personal recommendation, not being familiar with the requirements and routine work of that branch. The Chief Judge, under whose immediate control it has been for years, has stated his views, and the Master and Registrar his. In an interview on the point I had yesterday with the Master and Registrar, he stated, after reconsideration, that we might perhaps go a little further in the way of reduction. Over and above the reductions proposed by him in his written statement to the Chief Judge, he thinks that the office of the fifth clerk in the Registry might

be done away with. I shall only remark that the working of that sub-department increases or decreases with the

court work.

C 4.

No.

C 5. No.

C 6.

No.

C. 7. No.

O. 8. None in my office.

C. 9. No revenue is collected in my office.

see the answers of the Chief Judge.

SIR.

C. 10. None.

With regard to the general department for C. 8 and C. 9, please

C 11 I am not aware at present of any matter on which I would like to give evidence.

26th June 1909.

(27.)

L. A. THIBAUD,

J.

Government House, Port Louis, 2nd July 1999.

In continuation of my letter of even date, I have the honour to transmit herewith copies of a confidential report on the average cost of production of sugar as aaked for in paragraph 8 (4) of Memorandum A.• which formed the enclosure to the Earl of Crewe's despatch of the 8th of April

Sir Frank Swettenham, K.C.M.G., Chairman,

Mauritius Royal Commission.

REPORT ON THE AVERAGE COST OF PRODUCTION. Question 8 (4) (Memorandum ▲),

I have, &c.,

CAVENDISH BOYLE.

8. (4). The average cost of production for the last 25 years, if possible distinguishing between—

(a) Canes,

(b) Manufacture,

(c) Working charges,

(d) Capital charges.

The average cost of production of 100 lbs. of sugar given in Table III. has been derived from the published balance sheets of three Mauritian Sugar Estate Companies and one estate belonging to one of the English Companies. They are given separately for purposes of comparison and for the information of the Royal Commission, but it has been specially requested that the actual figures should not be published.

Much difficulty has been experienced in detailing the cost of production for the estates belonging to Mauritian proprietors, as separate accounts are not opened for cultivation and manipulation. The results given in Table II. have been obtained by entering all items which could be referred directly to cultivation or manipulation under their respective heads, and utilising the total expenditure for these items-with some few exceptions-to form an approximate proportion for such general expenditure as applied both to the field and mill. The exceptions to this rule have reference to auch details La— Repairs to buildings.

Maintenance of tramway, stables, &c..

Fuel (before and after the installation of the tramway) do., ko.,

ach of which has been dealt with according to the special circumstances under which the expenditure was incurred.

Notwithstanding very careful treatment, it appeared likely, as the actual details were not available, that the relative expenditure might still be slightly in error. The ratio of the cost of cultivation to manipulation. however, when compared with that derived from the methods adopted by the English Company for an estate under similar climatic conditions, shows that the errors are not considerable.

Item of Expenditure.

TABLE I.

Proportional Cost.

Local Company

English Company

(Average for 18 Years). (Average for 17 Years).

Per Cent.

Per Cent.

Cultivation Manipulation

72

28

• See Appendix C, section 1.

69

31