CO885-(13-15) — Page 5

22,216.

SIR,

No. 79A.

(GENERAL.)

THE LORD CHANCELLOR to the HOME OFFICE.

OPINION on the COLONIAL JUDGMENTS EXTENSION BILL.

House of Lords,

December 2, 1886.

I AM directed by the Lord Chancellor to return the papers enclosed in your letter of the 19th of October last, and to say that his Lordship thinks that such a Bill, concerning the administration of justice and closely affecting the Supreme Court of which he is the head, ought to have been sub- mitted for his opinion (or of that of the late Lord Chancellor) at an earlier stage, and that he is placed in some difficulty by the course which has been taken.

The Lord Chancellor recognises that there is (as suggested) a relation between the principle of the Bill and the subject of Imperial Federation, but in his opinion the provisions of the Bill should be regarded sa consequential on, not anticipatory of, the realisation of so great a conception.

Mr. Piggott's letter indicates some of the difficulties which surround such

a scheme as that of the Bill, but his Lordship does not think that he has shown that they have been or can be removed; nor does he suggest that the Bill would be desirable if they remained.

The point as to reciprocity is of very great importance; and it would be desirable to be assured, by the most careful and authoritative communications, that the several Colonial Legislatures would adopt the principle of the Bill, and also that the reciprocal powers could be conveniently worked.

Some of the difficulties of the subject in detail are illustrated by the important sections which have already been struck out of the draft (e.g., as to probates), and by the strong objections stated by the Board of Trade in relation to bankruptcy proceedings, in which that department is specially interested.

1

The Lord Chancellor does not observe that consideration has been given to the question of office arrangements, which might become of great importance if registrations of Indian and Colonial judgments were to take place to any great extent.

1 am, &c..

Godfrey Lushington, Esq. .⠀

(Signed)

K. MUIR MACKENZIE.

A 509.-G.

25.- 2 7

PUBLIC RECORD OFFICE

Reference :-

C.O-885

13 PUBLIC RECORD OFFICE, LONDON

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