CO885-(11-13) — Page 696

20,716.

That we are of opinion that the Lieutenant-Governor of Ceylon is entitled to precedence above the Chief Justice of that island, whether the former is administering

the Government or not.

The Right Hon. Colonel Stanley,

&c. &o.

&c.

We have, &c.,

(Signed)

RICHARD E. WEBSTER. J. E. GORST.

SIR,

No. 62.

(MAURITIUS.)

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with Sir Robert Herbert's letter of the 12th inst., stating

Royal Courts of Justice, November 28, 1885. that he was directed to inform us that your attention had been recently drawn to the provision contained in Clause 1 of the Mauritius Ordinance No. 12 of 1837, of which a copy was enclosed, as possibly affecting the position of Mr. F. Condé Williams, one of the Puisne Judges of the Supreme Court of Mauritius.

That Mr. Williams was called to the Bar by the Inner Temple in April 1873, and that after practising on the Midland circuit for three years, was in May 1876 appointed to be a District Judge in Jamaica; that in 1881 he was appointed to be a Puisne Judge of the Supreme Court of Natal, from which post he was transferred to his present post in Mauritius in 1883.

That it appeared, therefore, that Mr. Williams had not practised as a barrister for five years.

That it was submitted, however, that the Ordinance in question must be construed as applying only to barristers practising in Mauritius, and that it did not affect Mr. Williams.

That our opinion was requested as to whether the appointment of Mr. Williams to be a Puiane Judge in Mauritius was valid, having regard to Clause 1 of the Ordinance No. 12 of 1837.

That should we be of opinion that the appointment was invalid, or that there was reasonable doubt as to its validity, you would wish to be further advised whether it would be proper and desirable to pass an Ordinance to validate Mr. William's appoint- ment retrospectively.

That a question had also been raised upon the construction of the same clause as to the eligibility of Mr. Ernest Didier St. Armand, the senior district magistrate of Port Louis (at present acting as Master of the Supreme Court of Mauritius in the absence on leave of the Master), for the office of a judge of the Supreme Court.

That the circumstances of Mr. St. Armand's case, and the grounds on which he contended that he was eligible, notwithstanding that he did not actually practise at the bar in Mauritius for the full period of five years, were fully stated in the enclosed Memorial addressed by him to the Secretary of State.

That it was only necessary to add that his appointment, as substitute Procureur General was, like his present appointment as Master of the Supreme Court, an acting appointment.

That a copy of the Ordinance No. 9 of 1870, referred to in the Memorial, was enclosed. That it would be seen that it referred only to the appointment of judges to act in the place of judges who were "challenged."

That our opinion was requested as to whether Mr. St. Armand was eligible for the office of Puisne Judge.

In compliance with the request contained in Sir Robert Herbert's letter we have the honour to

That we are of opinion

---

Report

(i.) That the appointment of Mr. Williams to be a Puisne Judge in Mauritius was

valid.

(ii.) That Mr. St. Armand is eligible for the office of Puisne Judge.

The Right Hon. Colonel Stanley.

We have, &c.,

(Signed)

RICHARD E. WEBSTER,

J. E. GORST.

A 15927-59. 35.-12/85.

PUBLIC RECORD OFFICE

C.O.885

Reference :-

13 PUBLIC RECORD OFFICE, LONDON

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