1719.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-
SIB,
No. 161.
(ST. VINCENT.)
TREASURY SOLICITOR to TREASURY.
Mr. WRIGHT'S BOND, ST. VINCENT.
Treasury, February 9, 1863. I HAVE perused and attentively considered Sir F. Rogers' letter on the above case, and beg to report that I considered it to be very doubtful whether the Local Act of 1862 was applicable to the British Guarantee Association, seeing that the society is not expressly named in the Act, but an institution called "The Guarantee Association "of London" is expressly named therein; seeing also that there may have been at the passing of the Act, and may be now, or may be hereafter, a society bearing the exact name of this latter company; that several institutions may then have existed, and may now exist, which may have claims to be intended by the Act as well as the British Association, such as the Association styled in their Act (18th June 1842) "The "Guarantee Association," which carried on business in Birchin Lane, in the city of London (whereas "The British Guarantee Association" conducts its business within the city of Westminster), and also the association called "The European Assurance Society," the first of which was formerly and the latter is now accepted by the Govern- ment as guarantors for the due performance of the duties of public servants.
Adverting also to the established rule of law, that the meaning of an Act is to be collected from its actual language only and not from any evidence of the intention of its framers or of the legislature (which would be inadmissible), I did not feel myself justified under the legal uncertainty as to the institution contemplated by the Local Act in advising that the formalities thereby required for the perfection of the bond in question were indispensable as is considered by the local authorities.
The Association under their Act of Incorporation is, as I conceive, warranted in giving the bond in question. Their guarantee is made good for all "receivers, "accountants, &c., and other persons approved by the society," and the bond on behalf of Mr. Wright, under the seal of the Company is, as I humbly conceive, a sound and substantial security for the due performance of his services without the formalities required by the local authorities of the island.
J
Under these circumstances the bond appeared, in my humble judgment, to be as it stood a substantial security and sufficient for the object required, and so I conceived it to be my duty to advise my Lords on the reference they were pleased to make
to me.
But now, on consideration of Sir F. Rogers' letter, and out of deference to the objec- tion of the Duke of Newcastle to the adoption of the course I venture to submit for consideration, and with a view to remove all difficulties as to the operation of the Local Act upon the bond in question, and the details considered to be necessary for the per- fection of that bond, I would submit that it would be very desirable for my Lords to adopt the suggestion of the Duke of Newcastle, and to request his Grace to take the steps suggested for procuring a Local Act to the effect mentioned in Sir Frederic Rogers' letter, and that in the meantime the security given by Mr. Wright should be left on its present footing.
Perhaps it may be desirable that the Act should be made to have a retrospective as well as a prospective character, and to render legal all bonds of the guarantee societies contemplated which shall have been already given as well as those which may be taken hereafter.
may
add that I suggested the keeping in England of the bond in question (assum- ing that it might be considered as sufficient security for Mr. Wright), because the bond, if put in suit, would have to be produced in the courts of this country, and because all risk of its loss in transitu between this country and the Colony, and all delay in the proceedings in the event of a writ of immediate extent against the Company becoming desirable would be thereby avoided.
The Secretary, Treasury.
I am, &c.
(Signed) H. R. REYNOLDS.
16378.--189.
95.- 9/66.