Colonial Despatches

I have to acknowledge your Letter of the 17th instant enclosing a correspondence which has taken place between the Secretary of State and the President of the Society of Solicitors before the Supreme Court in Scotland.

2. This Gentleman complains that Solicitors before the Supreme Courts of Scotland are not allowed to practice in the Courts of British Columbia. It appears on enquiry that this is a mistakemistake, but that it is true that Solicitors are excluded from practice before the Supreme Court of Vancouvers Island under the Order in Council of the 4th of April 1856 which only admits to practice Attorneys—Solicitors and Proctors of the English and Irish Courts and Writers to the Signet of the Scottish Courts.

3. I have no doubt that the phraseology of the Vancouvers Island Order in Council was merely borrowed from some existing precedent and I perceive that it is identical in substance with a provision of the Charter of Justice of Gibraltar dated 1 September 1830 (Clark page 683) and of the Cape of Good Hope in May 18321832 (Clark page 478).

4. But I see that the qualification usually required is that of having been admitted "Writers Attorneys or Solicitors in one of our Courts at Westminster Dublin or Edinburgh" which would I presume admit the "Solicitors before the Supreme Court of Scotland." By referring to Clarks Colonial Law it will be seen that the above phrase is used in the following documents. Charter of Justice Newfoundland 19 Septr 1825. (Clark page 427)
Ditto New South Wales 22 April 1834. (Clark page 630)
Ditto Van Diemens Land 4 March 1831. (Clark page 656) and it is used in the New Zealand Rules of Court article 7.

5. I feel no doubt that the SolicitorsSolicitors of the Supreme Court are fairly entitled to the privilege of practising in Van Couvers Island if it be thought worth while to make the requisite amendment in the Order in Council of the 4th of April 1836.

6. A careful scrutiny of Charters, Colonial Laws and (so far as accessable) the Rules of Court passed by Colonial Judges would possibly bring to light similar exclusions in other Colonies. But as these could not always be amended in the same ready way, and as the search would involve much labor and could not after all be relied upon for completeness it would probably be advisable to confine thethe amendment, if made at all, to Van Couver's Island.