Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch from London
Lytton, Sir Edward George Earle Bulwer to
Douglas, Sir James 9 April 1859, LAC :, 195.
Abstract
Despatch from London.
Lytton forwards a complaint from the Society of Solicitors before the Supreme Court of Scotland
that Scottish lawyers are not allowed to practice in Vancouver Island. Lytton is sure there has been an unintended mistake within the “phraseology” in the Order
of Council establishing the Courts of Justice.
No. 45
Downing Street,
9 April 1859
Sir,
I transmit to you herewith copies of a correspondence between this
department and the President of the Society of Solicitors before the
Supreme Court of Scotland relative to the admission of Members of that
Society to practice before the Supreme Court of Vancouver's Island.
The Solicitors before theSupreme
Supreme Court of Scotland are at present
excluded from practice in Vancouver's Island by the terms of the Order
in Council of 4th April 1856, for establishing
Courts of Justice in the
Island, which only admits to practice Attorneys, Solicitors and Proctors
of the English and Irish Courts and Writers to the Signet of the
Scottish Courts. I have no doubt, however, that this phraseology was
not adopted with any intention of excluding Solicitors of the Scotch
Courts, and they appear to me fairlyentitled
entitled to the privilege of
practising in Vancouver's Island.
Supreme Court of Scotland are at present
excluded from practice in Vancouver's Island by the terms of the Order
in Council of 4th April 1856, for establishing
Courts of Justice in the
Island, which only admits to practice Attorneys, Solicitors and Proctors
of the English and Irish Courts and Writers to the Signet of the
Scottish Courts. I have no doubt, however, that this phraseology was
not adopted with any intention of excluding Solicitors of the Scotch
Courts, and they appear to me fairlyentitled
entitled to the privilege of
practising in Vancouver's Island.
The Local legislature has power to amend the existing Order in
Council conferred on it by the Act 12 and 13 Victoria Cap 48, Section
2, and I have to instruct you to bring before that body a measure for
the purpose of admitting Solicitors before the Supreme Court of
Scotland to practice in the Courts of Vancouver's Island.
Footnotes
- Please note that this document exists as a letter-book copy.