CO885-(10-11) — Page 356

11598.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

PUBLIC RECORD OFFICE, LONDON

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

J

SIR,

No. 290.

(MAURITIUS.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, December 16, 1864. We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 2nd December instant, stating that he was directed by you to transmit to us the enclosed copies of letters from the Procureur General of Mauritius dated the 3rd of August and the 1st of October last respecting certain rules which have been made by the Supreme Court of Mauritius for the office of the Master of that Court.

Sir Frederic Rogers was further pleased to state that it would seem that by Order in Council of the 23rd of February 1836, of which a copy was appended to the Procureur General's letter of the 3rd of August, the Court was authorised to make rules, inter alia, "concerning the proceedings of the Ministerial and other officers of the said courts respectively (ie. the Court of Appeal or Supreme Court, and the Court of First Instance).

"

That, by Order in Council of the 23rd of October 1851, of which a copy was annexed,

it was declared that the court has an officer "styled the master thereof, who shall tax

"costs, conduct and manage judicial sales, assemblies of relations or of creditors, probate

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of wills and the matters connected therewith, interdictions, and local examinations, and "shall deal with matters of audit inquiries and accounts, and generally all such matters "as may be referred to him by the judges."

That also, by Ordinance No. 37 of 1858, of which a copy was annexed, the Master of the Supreme Court is Chief Commissioner of Lunacy.

That on the 12th of June 157 the judges of the Supreme Court made the following rule, numbered 154:-

"In case of illness or unavoidable absence of the Master, the cause whereof shall be entered in the minutes of the Master's Office, and also in any case in which there may be both urgency and unforeseen absence of the Master, an entry of which is in like manner to be made in the said minutes, it shall be lawful for the chief clerk in the office of such Master to do all matters and things required to be done by such Master after such chief clerk shall have taken in open court the oaths usually taken by persons in offices of trust."

That again, on the 18th of August 1864, the judges made a rule, numbered 169, from which the following is an extract:-

LE

The Master and Registrar shall have two vacations in the year, viz., from 24th December to 8th January inclusive, and from Ist to 15th July inclusive. During these vacations the chief clerk in each department shall attend personally at the office and despatch the business.”

Sir Frederic Rogers was further pleased to state, that you desired him to request that we would favour you with our opinion whether and to what extent the judges had authority to empower the chief clerk to perform the duties of master, and if we should be of opinion that they had no such authority, then whether an Ordinance should be passed to give validity to the acts of the chief clerk on behalf of the Master, and authorising the judges to make provision for the performance of the Master's duties in his absence.

In obedience to your commands, we have taken this matter into consideration, and have the honour to

Report

That we think the judges of the Supreme Court of the Mauritius had no authority to empower the chief clerk to perform the duties of master; and we further think it will be advisable to pass an Ordinance to give validity retrospectively to the acts of the chief clerk hitherto performed under the General Orders made by the Supreme Court in place of the Master; and also, to enable the judges to make provision for the future in such way as may be thought' expedient for the performance of the ster's duties in his absence.

We observe, that the Advocate General of Mauritius calls in question the fitness of the chief clerk to be the officer appointed to act as substitute during his absence for the

0 16978.-547.

25.-2/86.