CO885-(11-13) — Page 484

"not learned, possess the capability of learning," seem to us strong reasons against the continuance of these native Courts.

If, however, it is deemed expedient to continue these Courts, the jurisdiction of the district Courts in civil cases should be limited. The jurisdiction of the Temyz Court in civil causes and in oriminal cases should also be limited, and in the latter class of cases should be neither final nor exclusive.

The whole system of electing judges should at once be abolished and the appoint- ment during good behaviour given to the Executive.

In reference to the "Project of Judicial Reorganisation and Reform for the Island of Cyprus," we agree with the views of Sir Henry Maine, and particularly on this point, that the fusion of the British and Cypriot division should be kept in view as the ultimate object to be obtained. From both divisions and from the fused division there should be an appeal in the first instance to a court in the Island, and in the last resort to the Privy Council or the tribunal which will in due time take over the appeal jurisdiction of the Privy Council.

The constitution, however, of the Appeal Court in the Island seems to us to require very great consideration. It does not seem probable that for many years any number of native qualified judges would be obtained, and, if this experiment of a native judge in the Court of Appeal is to be tried, we suggest that not more than one native should at first be made a member of that Court.

The Right Hon. the Marquis of Salisbury,

&c.

&c.

&c.

We have, &c.,

(Signed)

JOHN HOLKER. HARDINGE S. GIFFARD.

J. PARKER DEANE.

6254.

SIR,

No. 221.

(BRITISH HONDURAS.)

LAW OFFICERS to COLONIAL OFFICE.

We were favoured with Mr. Wingfield's letter of the 21st February last, stating 106, 12 Nov.

Temple, 28th April 1880. that he was directed to transmit to us copies of a despatch from the Lieutenant- 1878. Governor of British Honduras, submitting a proposal to create a right of appeal from 336, 19 Nov. the Court of that Colony to the Supreme Court of Jamaica, and a despatch from the 1879. Lieutenant-Governor of the latter Colony transmitting reports from the Chief Justice 24 Jan. and acting Attorney-General upon that proposal, with a copy of a correspondence 1880, between the Colonial Office and the Council Office on the same subject.

Col. Off.,

Council Off.

That you apprehended that the establishment of the proposed intercolonial jurisdiction 7 Feb. 1880. could not be effected by legislation in both or either of the two Colonies without special authorisation either from the Imperial Legislature or from the Queen in Council.

That Mr. Wingfield was to request that we would favour you with our opinion- (1.) Whether for the constitution of the proposed Court of Appeal, Imperial legislation was necessary; or

(2.) Whether the object could be effected by means of an Order in Council; and (3.) As to the purport of the Act or Order, as the case might be, which should be passed or made for creating or enabling the Legislatures of the Colonies concerned to create the desired jurisdiction.

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

Report

(1 and 2.) That the proposed object cannot be effected by an Order in Council without previous Imperial legislation authorising such Order.

(3.) The Act to be passed should be framed (with proper recitals) on the plan of

13 & 14 Vict., cap. 15, sec. 6., mutatis mutandis.

The Right Hon.

We have, &c.,

(Signed) JOHN HOLKER.

HARDINGE S. GIFFARD.

Sir Michael Hicks Beach, Bart., M.P.,

&c.

&c.

&c.

▲ 12916.-209. 95.-12/84.

PUBLIC RECORD OFFICE

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Reference :-

CO.

885

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