Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Morgan, J. A.
to Lytton, Sir Edward George Earle Bulwer 8 February 1859, CO 60:6, no. 1413, 15.
Abstract
Public Offices document.
Minutes (4), Other documents (1).
Morgan enquires, on behalf of the Society of Solicitors before the Supreme Courts of Scotland,
if rumours reported in the “Times” that lawyers from their society are being denied
the right to practice in the Supreme Court of British Columbia [Vancouver Island] are true.
Morgan to Lytton
As President of the Society of Solicitors before the Supreme
Courts of Scotland, I beg on behalf of the Society, to make the
present communication.
The Society was Incorporated by Royal Charter in the Reign
of his Majesty George the III, in the year 1797; and by that
Charter the Members are entitled to act as Agents and Solicitors
before all the Supreme Courts in Scotland.
The Entrants, after being examined, and found qualified,
are admitted, and sworn in by the President of the Court of
Session. At present the number of Members of the Society is
upwards of Two hundred and Seventy, and they conduct more
than one half of the Business before the Superior Courts of Scotland.
Hitherto the Members of the Society have been found entitled
to & have acted as Attornies or Solicitors in all the
Colonial Courts of Law, and it is not without suprise that
they observe it stated in the Times Newspaper of the 19th ultimo,
that they have been excluded from practising as Solicitors before
the Supreme Court of Civil Justice of the Colony of Columbia.
This surprise is encreased when they see it stated in the same
Newspaper that Writers to the Signet are to be entitled to act
in that Court.
In Court proceedings in Scotland the Society of Solicitors
are entitled to, and enjoy the same powers and privileges as the
Writers to the Signet, and on what principle they are excluded
from practising in the Columbian Courts, they are at a loss to
know; and therefore I have been requested to enquire if the
Report in the Times Newspaper be correct; and if so, to ascertain
the cause
catch of the Solicitors being excluded from acting in
the Columbian Court.
catch of the Solicitors being excluded from acting in
the Columbian Court.
Minutes by CO staff
Mr Merivale
I think Mr Begbie in 1072 addressed a Letter to this Office on a kindred subject to this—on which occasion I passed on to you the O. in C. for the administration of Justice in B. Columbia; to assist you in the consn of the matter. But as to the particular fact of the exclusion of Scotch Solicitors from the B. Columbian Courts, which is herein alleged, we have recd no
report, or confirmation, that I am aware of,
nor do I believe that the O. in C. can contain any such restriction.
I think Mr Begbie in 1072 addressed a Letter to this Office on a kindred subject to this—on which occasion I passed on to you the O. in C. for the administration of Justice in B. Columbia; to assist you in the consn of the matter. But as to the particular fact of the exclusion of Scotch Solicitors from the B. Columbian Courts, which is herein alleged, we have recd no
report, or confirmation, that I am aware of,
nor do I believe that the O. in C. can contain any such restriction.
ABd
9 Feby
I have not an idea on what it all rests. There are no
"Courts of British Columbia" whatever, as yet. The writer must
mean the Courts of Vancouver's Island. Will you let me see
the Charter of Justice of that island. I think it was enacted
in the form of local law.
HM
F 11
Mr Merivale
Annexed is the Order in Council establishing the Supreme Court of Vancouvers Island. See the 21st & following pages empowering Attornies & Solicitors to practise.
Annexed is the Order in Council establishing the Supreme Court of Vancouvers Island. See the 21st & following pages empowering Attornies & Solicitors to practise.
VJ
12 Feby
I think that Sir F. Rogers drafted this Order in Council,
& I cannot tell what precedent he used. It is clear it does
exclude Scottish Solicitors. I should like to keep it
till he returns; in the mean time I annex a dilatory answer.
HM
F 16
