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8419.

No. 270.

(MAURITIUS.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Lincoln's Inn, September 5, 1864. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 20th ultimo, stating that he was directed by your Lordship to transmit to us a letter from the Colonial Office, enclosing copies of correspondence received from the Governor of Mauritius, with reference to the course pursued by the Curator of Vacant Estates in that island in taking possession of the French ship "Jules," whilst lying in the harbour of Port Louis, on the ground that the " Jules" formed part of the property of a M. Reynaud, the owner and master of the ship, who died at that port in December last. That we should observe that the Secretary of State for the Colonies is desirous that the Procureur General should have a legal opinion with regard to the question adverted to in the 14th paragraph of his letter, and Mr. Hammond was to request that we would furnish your Lordship with a report on this subject for communication to the Procureur General through the Colonial Department.

In obedience to your Lordship's commands we have taken these papers into con- sideration, and have the honour to

Report

That, according to the general practice of all civilised states, the representatives con- stituted by the state of the domicil of a deceased person are allowed to distribute the personal or movable effects of such person, wherever he may happen to die, subject to such exception only as may arise out of litigation on the part of any of the parties claiming to be beneficially interested in the succession in any country where part of such movable effects may happen to be.

That we think that the Curator of Vacant Estates at the Mauritius should endeavour to exercise his office, so as to be ancillary, as far as possible, to this rule of international comity. That though it may be the duty of his office to collect the goods and to pay local debts and funeral expenses of a deceased person who dies unexpectedly and without having made provision for the care of his effects in the island, we are clearly of opinion that this duty ought not to be extended, except, perhaps, in some very special case in which interference may be necessary to prevent the loss or deterioration of the property to the arrest of a foreign merchant vessel belonging wholly or in part to the deceased person, which did not constitute part of his movable effects in the island at the time of his decease, but which happens (as in the case of the " Jules") to touch at Mauritius after his decease, in the prosecution of a voyage to or from the country of his domicil.

We have, &o. (Signed) ROUNDELL PALMER.

R. P. COLLIER.

The Earl Russell, K.G.

&c.

&c.

16978.--546,

25.-2/86.

R. PHILLIMORE.

PUBLIC RECORD OFFICE

Reference :-

PC.O.

885

10 PUBLIC RECORD OFFICE, LONDON

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

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