8342.
No. 30.
(TURE'S ISLANDS.)
QUEEN'S ADVOCATE to COLONIAL OFFICE.
Doctors' Commons, August 21, 1860. MY LORD,
I AM bonoured with your Grace's commands signified in Sir Frederic Rogers' letter of the 27th July ultimo, stating that he was directed to transmit to me the copy of an Ordinance passed by the Legislature of Turk's Island, "to prevent the adminis- "tration of the estates of persons deceased, without letters testamentary or letters of "administration being first duly had and obtained.”_
Sir Frederic Rogers was also pleased to state that in requesting my opinion whether this Ordinance should properly be recommended for confirmation by the Queen, he was to point out that the law appears to have a very oppressive bearing on the poorer classes, as it would make it impossible to distribute the effects of the most indigent person unless the administrator with sufficient securities could enter into a bond for 501. for the proper distribution of the effects.
In obedience to your Grace's commands, I have taken this Ordinance into considera- tion, and have the honour to
Report
J
That inasmuch as the Ordinance in question is not accompanied by any explanation whatever, I am unable to advise that it should be confirmed by Her Majesty in its present shape.
Some explanation should be furnished of the practical necessity for such an Ordi- nance, and of the precise effect or object which it contemplates, or the evil against which it is intended to guard. There would seem to have been no previous Ordinance whatsoever on the subject.
The fixing of one and the same sum, both by way of penalty and by way of security, in every case, without regard to the value of the estate, appears at first sight open to objection; nor does there appear to be any power of mitigating the penalty.
The amount of penalty and of security respectively, would appear to be insufficient in cases where the estate of the deceased was of considerable value (say 1,0001. or more) and oppressive where it was of very small value (say 20%. or less.)
Possibly a penalty of not less than 101. or more than 100%. and security to the amount of double the value at which the effects are sworn, might be found practically sufficient for the purpose of ensuring regularity and protecting the revenue.
The Right Hon. the Duke of Newcastlo,
&c.
&c.
&c.
I have, &c.
(Signed) J. D. HARDING.
0 16975.-241. 25.-966.
PUBLIC RECORD OFFICE
Reference :-
TILLC.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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