PUBLIC RECORD OFFICE
Reference -
TTC.O.885
No. 29.
Coadjutor Bishop of Church of Eng- land may be ap- pointed by the Crown,
1
No. 30.
36.
We are, therefore, of opinion that Her Majesty may be advised to assent to the three Acts in question.
&c.
The Right Hon. II. Labouchere, M.P.,
&c.
&c.
By Letters-Patent.
+
We have, &c. (Signed) A. E. COCKBURN.
Jamaica.
No. 29.
RICHARD BETHELL.
COPY of a LETTER from the QUEEN'S ADVOCATE to Sir W. MOLESWORTH. Doctors' Commons, October 6, 1855.
SIR,
I AM honoured with Mr. Elliot's letter of the 8th September last, stating that he was directed to transmit to me the accompanying copy of a letter which you have received from the Bishop of Jamaica, in which his Lord- ship submits for consideration, the following arrangement, which he proposes should be carried into effect in the event of his being unable, from the state of his health, to resume the duties of his Diocese, namely, "the appoint- ment and consecration of one of his Lordship's Archdeacons, or of some other person to the office of his coadjutor, under the title of Bishop of Kingston,' who shall be maintained by such a portion of his Lordship's salary as may be agreed upon; and on whose consecration the Bishop should be enabled to retire from the administration of his Diocese."
That the Imperial Acts, providing for the endowment of the West India Bishops, are the 6th Geo. IV, cap. 88, and 5th and 6th Vict., cap. 4.
Mr. Elliot was also pleased to enclose for my information a copy of the despatch from Lord Glenelg to the Governor of Canada, bearing date the 3rd February, 1836, referring to the appointment of the Archdeacon of Quebec, under the title of " Bishop of Montreal;" and to request that I would report to you my opinion whether there is legal power in Her Majesty's Government to carry into effect the arrangements proposed by the Bishop of Jamaica.
In obedience to your commands, I have the honour to report— That, upon the authority of the precedent referred to (that of the Bishops of Quebec and Montreal in 1836), I am of opinion that the Crown has the power to carry into effect the arrangements proposed by the Bishop of Jamaica.
I would respectfully suggest that his Grace the Archbishop of Canterbury should be consulted with reference to these arrangements before they are carried out.
I have, &c. (Signed) J. D. HARDING.
The Right Hon. Sir W. Molesworth, Bart.,
&c.
SIR,
&c
&c.
No. 30.
Copy of a LETTER from the QUEEN'S ADVOCATE to Mr. Secretary LABOUCHERE.
Doctors' Commons, January 17, 1856.
I AM honoured with Mr. Merivale's letter of the 15th of December last, stating that, with reference to my letter of the 6th of October last, in which Ï reported that the Crown had the power of carrying into effect the arrangement
37
proposed by the Bishop of Jamaica, of appointing one of his Lordship's Arch deacons to the office of his coadjutor under the title of "Bishop of Kingston," he was directed to transmit to me the enclosed copy of correspondence which has passed with the Archbishop of Canterbury upon the subject.
His Grace having signified his approval of the nomination of the Archdeacon of Middlesex, in Jamaica, to the coadjutorship, Mr. Merivale further states that he is directed to instruct me to prepare the necessary instruments for the appointment of the Venerable Reginald Courtenay, as Bishop-Coadjutor in Jamaica, under the title of Bishop of Kingston.
In obedience to your commands I have taken the papers into consideration, and have the honour to report that I have accordingly prepared and herewith transmit a draft of Letters-Patent for the appointment of the Venerable Reginald Courtenay as Bishop-Coadjutor in Jamaica, under the title of "
Bishop of Kingston."
In preparing this draft I have adhered closely to the precedent furnished in the appointment of Dr. Jehosaphat Mountain to be Bishop-Coadjutor in the diocese of Quebec, under the title of "Bishop of Montreal," by Letters-Patent dated February 11, 1836.
The Right Hon. H. Labouchere, M.P.,
&c. &c.
&c.
I have, &c. (Signed) J. D. HARDING.
J
Honduras.
No. 31.
Copy of a LETTER from the LAW OFFICERS of the CROWN to Earl GREY.
Doctors' Commons, March 14, 1851.
MY LORD,
WE
No. 31.
are
honoured with your Lordship's commands signified in Mr. Meri- 12 & 13 Vict., c. 96, vale's letter of the 5th instant, stating that he was directed to transmit to us an construction. extract of a despatch from the Governor of Jamaica, with copies of so much of Criminal offences its enclosures as relates to the trial and conviction at a Commission Court held at Act are triable at Honduras of two persons for piracy on the high seas.
Mr. Merivale is pleased to request that we would take these papers into consideration, and report to your Lordship our joint opinion as to the validity of the objections which we should find to have been taken to the conviction in this case.
In obedience to your Lordship's commands we have taken the papers into consideration, and have the honour to report that we think that the first objec- tion, viz., "That the Commission Court, according to the Statute 59 Geo. III, cap.
44, and the Letters-Patent of the Crown, by which it is constituted, has no jurisdiction to try, eo nomine, for piracy,' and that the subsequent Imperial Statute of the 12 and 13 Vict., cap. 96, which the Chief Justice of Honduras seems to think has given that jurisdiction to the Court, only contemplated the trial by any Colonial Court of the same offences when committed on the high seas which the same Court might previously have tried if committed upon any inland waters," is valid.
We are of opinion that the second objection, viz., "That the crime of which the prisoners were convicted was committed before the Act of the 13 & 14 Vict. was passed," is invalid, inasmuch as the prisoners were charged after the passing of the Statute of 12 & 13 Vict., cap. 96.
committed before
under it.
We think that the third objection, viz., “That British Honduras does not British Honduras come within the meaning of the 5th clause of the 12 & 13 Vict. as being to be considered,
for purposes of either a colony, island, plantation, dominion, fort, or factory of Her Majesty," is
criminal law, part
not free from doubt; but upon the whole, notwithstanding, whatever may have of the dominions of
the Crown.
3 PUBLIC RECORD OFFICE, LONDON
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