No. 25.
The description
"Senior Member
of a Council," in a Governor's Com- mission, applies to seniority of rank, not of standing in the Council or of
age.
$18.
32
Leeward Islands.
NEVIS,
No. 25.
Copy of a LETTER from the ATTORNEY and SOLICITOR-GENERAL to Mr. ELLIOг.
Temple, October 27, 1848. WE beg to acknowledge the receipt of your letter of the Gth instant (with the several documents mentioned therein), which letter states--
1. That you are directed by Earl Grey to bring the following subject under our consideration:—
2. That by the Commission of the Governor-General of the Leeward Islands,
it is provided, that in the absence of the Governor from any of the islands com- prised in his command, and if there should be no Lieutenant-Governor, or any person especially appointed by Her Majesty for that purpose, the government of any such island should devolve on the senior member of the Council.
3. That in September 1844, the Council of Nevis, which is one of the Leeward Islands, consisted of the following members in order of seniority:- Major Græme, Mr. Maynard, Mr. Daniell, Mr. Hanley, Mr. Mills, Mr. J. Huggins, Mr. P. T. Huggins, Mr. G. Webbe.
4. That, in October 1844. Major Græme being absent, and Mr. Maynard having left the island, and thereby made a vacancy in the Council, the Governor of the Leeward Islands appointed Captain Charles Kenney, provisionally, to be "Senior Member of Council and President administering the government" during Major Græme's absence. On the 17th October, 1844, Mr. Shortland arrived from England with a commission constituting him "President and Senior Member of the Council," and accordingly proceeded to administer the government, and consequently superseded Captain Kenney. On the 10th May, 1845, a warrant under Her Majesty's Sign-Manual was directed to Sir Charles A. Fitzroy, then Governor of the Leeward Islands, commanding him to admit and swear Captain Kenney of the Council of the Island, and it was declared that the said Charles Kenney should take rank and precedence in the said Council immediately after Lawrence Græme, Esquire. A Commission, following the terms of the warrant, was accordingly issued by Sir Charles Fitzroy.
5. That on the 2nd June, 1845, Major Græme ceased to be a member of the Council of Nevis, being made Lieutenant-Governor of Tobago.
6. That on the 14th July, 1848, Mr. Shortland, President administering the government of Nevis, left the Colony on leave of absence.
7. That Captain Kenney accordingly assumed the administration of the government of Nevis.
8. That the Speaker and House of Assembly, as appears from Captain Kenney's despatch of the 29th July, 1848, refused to attend before him for the purpose of taking the usual oaths, or to recognize his authority as being legally in the administration of the government.
9. That the reason which the Assembly assign for this refusal, as appears their address to the Governor of the Leeward Islands of the 27th July, 1848, and report of a Committee attached to it, is that no member of Council can be created by Her Majesty's "Senior Member" by any instrument, those words in the commission of the Governor of the Leeward Islands applying strictly to seniority of appointment.
10. That you are therefore to request that we will report to Lord Grey our joint opinion, whether, taking into consideration the purport of these two instruments, namely, the Commission of the Governor of the Leeward Islands and the Warrant and Commission giving Captain Kenney rank in the Council, Captain Kenney is legally in the administration of the government of Nevis.
In obedience to Earl Grey's directions, we have considered the two instru- ments above named, and we are of opinion, taking into consideration the purport
33
of the Commission of the Governor of the Leeward Islands and the Warrant and Commission giving Captain Kenney rank in the Council, that Captain Kenney is legally in the administration of the government of Nevis. We think that the word "senior" in the Commission, directing that the powers therein referred to shall be "vested in the respective senior member of the Council of any such Islands, for the time being, resident therein," refers to seniority of rank, and not to seniority of standing as a member of the Council, or to seniority of age. The same construction has been put on the 49th section of the Reform Act, 2 and 3 Wm. IV, cap. 45, where the appointment of Revising Barristers has been vested in the "senior Judge, for the time being, in the Commission of Assize, in which case the Judge senior in rank, though junior in standing, makes the appointment.
We are, &c. (Signed) JOHN JERVIS.
JOHN ROMILLY.
T. F. Elliot, Esq.,
&c.
&c.
&c.
Virgin Islands.
No. 26.
19
า
No. 26.
COPY of a LETTER from the QUEEN'S ADVOCATE to Earl GREY.
Doctors' Commons, October 12, 1849.
MY LORD,
Felonious assault
I AM honoured with your Lordship's commands, signified in Mr. Elliot's letter of the 12th instant, stating that he was directed to transmit to me, for my on high seas triable consideration, the copy of a despatch, with its enclosures, which your Lordship in Colony under has received from the Governor-in-chief of the Leeward Islands, stating it to be 12 & 13 Vict.. the opinion of the Chief Justice of the Virgin Islands, with reference to a certain c. 96. case of felonious assault committed on the high seas by an inhabitant of that Colony, that there is no Local Court of competent jurisdiction to try the offender, and that it would be necessary, under these circumstances, that a Commission, under the Great Seal, for the holding of Admiralty Sessions, should be issued.
Mr. Elliot is pleased to request that I would report to your Lordship my opinion, whether the case is one which would admit of being tried under the provisions of the Act of Parliament 12 & 13 Vict., cap. 96, thus superseding the necessity for the issue of such Commission as proposed. Your Lordship is pleased to observe that that Act, although passed some time after the person in question was charged with the offence, could scarcely have been received in the Colony at the date of the Chief Justice's opinion.
In obedience to your Lordship's commands, I have the honour to report that I am of opinion that the case in question is one which may be tried under the provisions of the Statute 12 & 13 Vict., cup. 96, and that there is no necessity for the issue of a Commission under the Great Seal for trial of the offender.
The Right Hon. Earl Grey,
&c.
&c.
&c.
No. 27.
I have, &c. (Signed)
J. DODSON,
Copy of a LETTER from the LAW OFFICERS of the Crown to Earl G.EY.
Lincoln's Inn, February 26, 1851.
Mr LORD,
No. 27.
WE were honoured with your Lordship's commands, signified in Mr. Meri- Admiralty Com- vale's letter of the 15th instant, in which he stated that he was directed by your missions (so called)
PUBLIC RECORD OFFICE
Reference :-
THC.O.885
3PUBLIC RECORD OFFICE, LONDON
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