CO885-(11-13) — Page 418

10,225.

PUBLIC RECORD OFFICE

6

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NÓT TO

SIR,

No. 180.

(FIJI.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, 12th August 1878.

We were honoured with Mr. Malcolm's letter of the 7th March last, stating that the Secretary of State for the Colonies had had under his consideration the provisions necessary for constituting an appeal from the decisions of the Supreme Court of Fiji, and an Order in Council for the purpose had recently been passed.

(Copy enclosed.)

2. That an appeal from the Supreme Court to the Privy Council involved so much trouble and expense to suitors in Fiji that you would be glad if some means could be devised of affording them an intermediate appeal with comparatively little trouble and expense. Such an intermediate appeal might, as you were inclined to think, be provided by the Supreme Court of New South Wales, with which Colony Fiji was in intimate business relations, and the intercourse with which was in consequence very frequent.

3. But that the Supreme Court of New South Wales could not, it was apprehended, entertain any appeal from Fiji without further legislation, since its jurisdiction was limited to the government of New South Wales (see the statutes 4 Geo. IV. c. 90. s. 2. and 9 Geo. IV. c. 83. ss. 2, 3.)

4. That you would, however, prefer that any necessary legislation should be effected in the Colonies concerned rather than in the Imperial Parliament, and you were desirous of being informed whether that could be effected.

5. That the Act 2 & 3 Vict. c. 70. 8. 2. gave the local legislature of New South Wales power to make all proper provision for the administration of the law in the Colony.

6. That the scheme you contemplated was that (1) a law should be passed in the Colony of Fiji, empowering suitors to appeal from any order or decision of the Supreme Court of that Colony to the Supreme Court of New South Wales, and directing that pending such appeal no effect should be given to any such order or decision, and further enacting that effect should be given in the Colony of Fiji to any order or decision of the Supreme Court of New South Wales made in any such appeal, in the same manner as if it were an order of the Supreme Court of Fiji; and (2) that a law should be passed in the Colony of New South Wales empowering the Supreme Court of the Colony to entertain the appeals and to make orders therein, and to give effect to its orders and decisions upon any property within its jurisdiction. Provision would also be made for an ultimate appeal to the Privy Council in cases involving large amounts of money.

7. That before communicating with the Colonies concerned you would be glad to be favoured with our opinion whether the scheme above suggested would be effectual for the purpose in view with or without modification, or, if that scheme would not be effectual, whether any form of Colonial legislation would avail for the purpose, and if so what the form of such legislation should be.

In compliance with the request contained in Mr. Malcolm's letter we have the honour to

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Report

That in our opinion the scheme could not be effected by any form of Colonial legislation, but would require the sanction of the Imperial Legislature.

We have, &o.,

The Right Hon.

(Signed)

Sir Michael Hicks Beach, Bart.,

&o. &o.

JOHN HOLKER, HARDINGE S. GIFFARD.

&c.

A 12916.-175. 95.-12/94.

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