2811.
No. 61.
(NEW BRUNSWICK.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, March 27, 1861. MY LORD Duke,
We are honoured with your Grace's commands, signified in Mr. Elliot's letter of the 19th March instant, in which he stated that he was directed by your Grace to transmit to us a copy of a Despatch from the Governor of New Brunswick, with a report of the local Attorney General upon our opinion of the 30th October ultimo respecting the New Brunswick Act, entitled "An Act to authorise the appointment of "Commissioners in the United Kingdom and other parts of Her Majesty's Dominions, " and in the United States of America, to take affidavits and acknowledgments of "deeds and other instruments relating to matters in this Province," and to request that we would favour your Grace with our opinion whether the arguments brought forward by the Attorney General of New Brunswick appear to us to obviate the necessity of amending the above Act in the manner suggested in our report of the 30th October ultimo.
Mr. Elliot was also pleased to state that he was directed to annex the copy of a clause contained in a Canadian Act which had recently reached this country (23 Vict. c. 57. 8. 35), and which, if unobjectionable, might be indicated to the Legislature of New Brunswick as a fitting precedent for their own legislation.
In obedience to your Grace's commands we have taken these papers into our con- sideration, and have the honour to
Report
That we have read the argument brought forward by the local Attorney General of New Brunswick, but it does not appear to us to obviate the necessity of amending the New Brunswick Act in the manner indicated in our report of the 30th October ultimo.* The meaning and effect of their own language do not appear to be fully understood by the local authorities in New Brunswick.
Her Majesty cannot be advised to assent to any Colonial Act which affects to confer authority to be exercised within the United Kingdom. The clause in the Canadian Act is unobjectionable.
His Grace the Duke of Newcastle, K.G.
&c.
&c.
&c.
• No. 39.
We have, &c. (Signed)
RICHARD BETHELL. WM. ATHERTON.
• 16278.-530.
25,-9/86
*
PUBLIC RECORD OFFICE
C.O.
Reference :-
885
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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