1587.
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PUBLIC RECORD OFFICE
19
Reference :-
.................................. C.O. 885-
10 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
No. 237.
(JAMAICA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD DUKE,
Lincoln's Inn, February 19, 1864. We are honoured with your Grace's commands signified in Sir Frederic Rogers' letter of the 27th January ultimo, stating that he was directed by your Grace to transmit to us for our consideration, the enclosed case which had been received from the Lieutenant-Governor of Jamaica, and to request that we would favour your Grace with our joint opinion on the question raised in it, namely, whether the Crown after appointing an official assignee under the lsland Act, 11 Vict. c. 28. s. 6., has power to remove such assignee from office, unless in pursuance of a certificate from the Supreme Court under section 19.
1863.
Sir Frederic Rogers was also desired to transmit to us copies of two Despatches LI-Gov. No. with their enclosures from the Lieutenant-Governor of Jamaica on the subject, and to 281, 7 Dec. state that these were sent to us in order to enable us to see how the question submitted L-Gov.Conf., to us had arisen, but the opinion requested from us was simply on the case as set forth 30 Nov. 1863. in the "statement" enclosed in the Lieutenant-Governor's Despatch, No. 281, of 7th Vic. c. 28. December.
In obedience to your Grace's commands, we have taken this matter into considera- tion, and have the honour to
Report
That we are of opinion that the Crown has not the power to remove an officia assignee appointed under the Colonial Act, 11 Vict. c. 28. s. 6., except in pursuance of a certificate from the Supreme Court (under section 19 of the same Act) alleging some misconduct or neglect of duty on the part of such assignee.
The official assignee being an officer whose office is created, and whose duties are defined by statute, if it is apparent (as we think it is) from the statute itself that his office is intended to be held quamdin bene se gesserit any patent or instrument of grant purporting to confer that office" during the will and pleasure," either of the Crown or of the Governor must be controlled in its operation by the statute under which alone it has effect.
парта
His Grace the Duke of Newcastle, K.G.,
&c.
&c.
&c.
We have, &c. (Signed) ROUNDELL PALMER.
R. P. COLLIER.
Local Acts, 11
Local Acts, 25 Vic. c. 42.
Local Acts,
26 Vic. c. 13. xec. I.
کم
o 16278.-208. 25.-9/86.
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