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 2 March 1859, CO 60:6, no. 2334, 22.
Abstract
Public Offices document.
Minutes (2), Other documents (2).
Morgan protests that it would be an “act of injustice” if solicitors from the Supreme Courts
of Scotland were banned from practicing in British Columbia.
The minutes are sure that the Scottish solicitors were “misinformed” and are admitted
to the court of BC.
Included in this document is a draft reply from Carnarvon to Morgan, 16 March 1859, advising that Scottish solicitors may now be enrolled as attorneys and solicitors
in British Columbia; and a draft from Merivale to Rogers, 17 March 1859, forwarding copy of correspondence with Morgan and rules of court for British Columbia for observations and suggestions.
Morgan to Lytton
I had the honor to receive Mr Merivale's letter of the
19th instant, and in reply thereto, have to inform you,
that several Members of the Society of Solicitors in the Supreme
Courts of Scotland, Incorporated by Royal Charter, are admitted
in, and at present practising as Solicitors or Attornies before
the Courts of Law in Kingston, Jamaica, and in Sydney and
Melbourne in Australia, in virtue of the Commissions they hold as
Solicitors, from the Supreme Court of Scotland.
The Society of Writers to the Signet practise as Solicitors
or Attornies in the Supreme Courts, solely in consequence of being
Clerks to the Signet, and are neither admitted, nor sworn in by
the Court.
As the Members of the Society of Solicitors before the Supreme
Courts, and Writers to the Signet, have the same rights and
privileges of practising in the Supreme Courts of Scotland, I
humbly submit that it would be an Act of injustice towards the former,
were they excluded from the same rights and privileges in any of
Her Majesty's Colonies.
Minutes by CO staff
Yes—but I observed in Mr Begbie's new Order of Court for
British Columbia that these Scottish Solicitors are admitted.
They have either been misinformed or the rule is relaxed.
They should be informed accordingly.
HM
Mh 4
Other documents included in the file
Draft reply, Carnarvon to Morgan, 16 March 1859, advising that Scottish solicitors may now be enrolled as attorneys and solicitors
in
British Columbia.
Draft, Merivale to Rogers, 17 March 1859, forwarding copy of
correspondence with Morgan and rules of court for British Columbia for
observations and suggestions.