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PUBLIC RECORD OFFICE

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sidering, and, if thought desirable, passing a Resolution in relation to the repre- sentation of Judges of the Crown Colonics on the Bench of the proposed Imperial Court of Appeal,

2. I also inclose a Memorandum expressing my own views on the subject of the above Resolution, and shall be obliged by your laying this letter and its inclosure before His Excellency the Governor.

I am, &c.

The Honourable the Colonial Secretary.

RESOLUTION.

C. P. LAYARD,

Attorney-General.

"That in view of the proposed reconstitution of the Judicial Committee of the Privy Council as an Imperial Court of Appeal, IIis Excellency the Governor be asked to be so good as to represent to IIis Majesty's Government that no scheme will be satisfactory which does not provide for representation of the Judicial Bench of Crown Colonies in the Final Court of Appeal."

SIR,

Enclosure 2 in No. 18.

IMPERIAL COURT OF APPEAL.

Colombo, March 19, 1901. UNDER instructions from iny Committee, I have the honour to hand

you copy of a Resolution adopted by them at yesterday's meeting, dealing with the above subject, and to request that you will be good enough to forward it to the proper quarter in due

I have, &c.

course.

The Honourable the Colonial Secretary,

Colombo.

FRED. W. WALDOCK, Secretary.

not provide for the representation of the Judicial Bench of the Crown Colonies on the Final Court of Appeal, and I have reason to believe that a similar view prevails in other Crown Colonics.

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3. The Act 3 and 4 William IV., chap. 41, which reconstituted the Privy Council for hearing appeals from the Colonies, provided for the presence on the Board of two retired Judges who had served in the East Indies or in one of His Majesty's dominions beyond the seas. What was intended by this is shown by the fact that the first two assessors appointed under that Act were Sir Hyde East, a retired Chief Justice of Calcutta, and Sir Alexander Johnstone, a retir: Chief Justice of this island. later years the Indian Bench has been allowed to aonopolize both these appoint- ments, and as the salary was only 400% each an Act 50 and 51 Viet., chap 70, was passed in 1887, allowing them to be held by one person and the two salaries paid to him.

4. The due administration of justice one of the most important functions of Government, and it cannot be maintained that it is desirable that the Judicial Beuch of the Crown Colonies should be manned by persons who are practically declared to be in a position of inferiority as being unworthy to assume the position contemplated for then by the Act of William IV.

5. Speaking for this Island I am not aware that the duties and responsibilities of the Judges of the Supreme Court arc in any degree less onerous or important than those of the Indian Judges, or require a lower degree of legal knowledge or judicial ability.

6. The judicial service of the Crown Colonies, as things now are, holds out no prospects sufficient to attract the best men.

7. I need not point out the effect which a public intimation that a scat on the ultimate Court of Appeal was open to the members of the judicial service the Crown Colonies would have on the status of that service. The prospects of such a carcer would attract good and able men, and would act as an incentive to good work.

8. The Scheme contained in the Bill which was introduced and published last year distinetly alters the position of the Crown Colony Judges for the worse. Under the present law, as I have shown, they are were] eligible on retirement to a scat on the Judicial Committee of the Privy Council. The Bill ignores them altogether, and recognizes only judges who have served on the benches of the Courts in India and the self-governing Colonies as eligible for seats in the Final Courts of Appeal.

C. P. LAYARD. Attorney-General's Chambers, Colombo. March 15, 1901.

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

PUBLIC RECORD OFFICE, LONDON

RESOLUTION referred to.

The Committee of the Ceylon Chamber of Commerce, understanding that it is proposed to reconstitute the Judicial Committee of the Privy Council as an Imperial Court of Appeal, respectfully requests that his Excellency the Governor will take an early opportunity of placing their views before His Majesty's Government, which are embodied in the following Resolution :—

"That the Committee of this Chamber feels convinced that no scheme can be con- sidered satisfactory which does not provide adequate representation of the Judicial Bench of the Crown Colonies in the Final Court of Appeal, and would earnestly desire Ilis Majesty's Government to take this into consideration when providing for the re- constitution of the Judicial Committee of the Privy Council as an Imperial Court of Appeal."

Signed on behalf of the Committee,

STANLEY BOIS, Chairman. FRED. W. WALDOCK. Secretary.

Enclosure 3 in No. 18.

1. As the question of the reconstitution of the Imperial Final Court of Appeal is to be raised in the ensuing Session of Parliament, I venture to submit the follow- ing observations on the matter, as it affects the Crown Colonies in general and this Island in particular.

2. The leading members of the community, whether belonging to the commercial or professional classes, are of opinion that no scheme will be satisfactory which does

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No. 19.

STRAITS SETTLEMENTS.

ACTING GOVERNOR SIR F. A. SWETTENHAM TO MR. CHAMBERLAIN. (Received April 23, 1901.)

(No. 152.)

SIR,

[Answered by No. 22.]

Government House, Singapore, March 29, 1901.

I HAVE the honour to inform you that at a meeting of the Legislative Council of this Colony held on the 5th instant, the Honourable Mr. Napier moved-

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That, in the opinion of this Council, it is expedient that in any reconstruction of the Final Court of Appeal from the Courts of His Majesty's Colonics provision should be made that one member of such Court he selected from the Judges or retired Judges of the Crown Colonies."

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2 The motion was unanimously agreed to. I now enclose a copy of the proceedings of the Council, and I very respectfully recommend to your most favour- able consideration Mr. Napier's proposal. Should his suggestion meet with the

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