CO885-(11-13) — Page 108

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MY LORD,

No. 802.

(Mauritius.)

LAW OFFICERS to COLONIAL OFFICE.

We are honoured with your Lordship's commands, signified in Mr. Holland's

Temple, March 25, 1873. letter of the 22nd instant, stating that he was directed by your Lordship to transmit to us a copy of a Despatch of the 7th February, from the Administrator of the Govern- ment of Mauritius, suggesting that the Colonial Attorneys Relief Act (20 & 21 Vict. c. 39.) should, by Order in Council, be extended to that Colony.

2. That it would be observed that the Administrator had not made a formal applica- tion under section 7 of the Imperial Act, but having regard to the Report of the Law Officers in a somewhat similar case from Queensland (copy enclosed), your Lordship considered it desirable, before pointing that out to the Administrator, to learn whether, in our opinion, Her Majesty could be properly advised to direct, by Order in Council, the Act to come into operation as to Mauritius.

3. That he (Mr. Holland) was to enclose a copy of the Rules V., VI., and VII. of the 2nd February 1852, regulating the admission of persons to practice as attorneys, and to direct our attention to the provisions in the 5th rule that Bachelors of Arts who had matriculated at certain universities might be admitted after four years' actual service.

4. That that exception to the preceding provision requiring five years' service, though, probably, unobjectionable in itself, appeared to raise the question whether the terms of section 3 of the Imperial Act requiring service of "five years at the least" were sufficiently complied with.

5. That he (Mr. Holland) was also to direct our attention to that part of the Report of the Acting Procureur General which dealt with the question whether the system of jurisprudence in Mauritius was sufficiently "assimilated to the common law and

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principles of equity as administered in England" within the terms of the 3rd section of the Imperial Act.

6. And that he was to request us to favour your Lordship with our opinion whether

Her Majesty could be properly advised to issue the Order in Council.

In obedience to your Lordship's commands we have the honour to

Report

That we are of opinion that Her Majesty cannot be properly advised to issue the Order in Council. We think both objections valid, and that neither the system of juris- prudence nor the service is such as is required by the 3rd section of the Act.

The Right Hon. the Earl of Kimberley.

&o.

&c.

&c.

We, have, &c. (Signed)

J. D. COLERIDGE. G. JESSEL.

16278-858.

95.-5/86.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

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