9761.
SIR,
Jy
No. 280.
(NEW SOUTH WALES.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, October 21, 1864.
We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 8th instant, stating that he was directed by you to request that we would take into our consideration the 90th clause of the Act enclosed, which has been passed by the Legislature of New South Wales, intituled "An Act to amend and "consolidate the Laws relating to Merchant Seamen."
Sir Frederic Rogers was also pleased to state that, as to the first paragraph of that clause, he was to request to be informed whether it is within the power of the local Legislature to apply the provisions of the Act to ships registered in the Colony, when out of the jurisdiction of the Government of the Colony.
And that, as to the fourth paragraph, he was directed to enclose the copy of a letter which you had received from the Board of Trade, and to state that you had requested Earl Russell to inform you whether in his Lordship's opinion this paragraph contra- venes the rights of any foreign country, or is calculated to lead to complaints on behalf of foreign Governments.
In obedience to your commands we have taken this matter into our consideration, and have the honour to
Report
That we do not think the first paragraph of section 90 beyond the powers of the Colonial Legislature. The effect of it, coupled with other provisions of the Act (e.g., ss. 42, 43, 44, 45, 71, parts of 72, and many others), appears to be no more than to enforce certain regulations upon vessels of the Colony at sea, as well as on shore, Bubject to a provision which prevents any conflict between the Acts of the Colonial and of the Imperial Legislature.
The Right Hon. Edward Cardwell, M.P.,
&c.
&c.
&c.
We have, &c. (Signed) ROUNDELL PALMER.
R. P. COLLIER.
0 16978.-508. 95.--9/86.
PUBLIC RECORD OFFICE
Reference :-
TLC.O. 885
10 PUBLIC RECORD_OFFICE, LONDON
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