11119.
MY LORD,
No. 438.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, November 20, 1866. We are honoured with your Lordship's commands, signified in Mr. Elliot's letter of the 12th instant, stating that he was directed by your Lordship to refer us to the letter of the 2nd instant, in which we reported our opinion that the letter which it was proposed to address to the Bishop of Montreal, relating to the appointment of the Arch- deacon of Toronto to be coadjutor-bishop of that diocese under the title of "the Bishop of Niagara," and his consecration in Canada, was right and proper to be sent; and Mr. Elliot was directed to request that we would reconsider that letter in connection with the judgment recently pronounced by the Master of the Rolls in the case of Colenso versus The Trustees of the Colonial Bishoprics Fund, and that we would inform your Lordship, at our earliest convenience, whether that judgment leads us in any way to qualify the opinion with regard to the letter to the Bishop of Montreal, which was given in our report of the 2nd instant before referred to.
Mr. Elliot was also pleased, for the purpose of reference, to return the case as already submitted to us in the letter from the Colonial Office of the 30th ultimo.
In obedience to the commands of your Lordship, we have reconsidered the question submitted to us, and have the honour to
Report
That the judgment of the Master of the Rolls does not lead us in
the opinion with regard to the letters to the Bishop of Montreal, y way to qualify
our report of the 2nd instant,
The Right Hon. the Earl of Carnarvon.
• No. 433.
We have, &c. (Signed)
was given in
JOHN ROLT.
WM. BOVILL. ROBT. PHILLIMORE.
0 16278.-759. 25,--5/86.
PUBLIC RECORD OFFICE
Reference :-
PLLC.O. 885
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