2
which must elapse from the issuing of the precept by the registrar (section 4) and the finding of the inquest in favour of the Crown plus such additional three months (section 12) might not be sufficient for the news of the death and notice of the escheat proceedings to reach such relatives or to enable them to appear on the inquisition or even to traverse the finding.
This consideration appears of additional importance, combined with the absence of any provision from the Ordinance empowering the Governor to make grants to the relatives or claimants.
These circumstances, however, may have been taken into consideration by the framers of the Ordinance, and may involve questions of Imperial or Colonial policy on which I do not presume to offer an opinion, but content myself with calling their Lordships" attention thereto.
(The papers are returned herewith.)
The Secretary,
Treasury.
I am, &c.
(Signed) A. K. STEPHENSON.
10195,
No. 479.
(NEWFOUNDLAND.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
Temple, October 12, 1867. We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 14th ultimo, atating that he was directed by your Lordship to transmit to us therewith, together with the previous papers, a letter from the Colonial Office enclosing a transcript of an Act which has passed the Newfoundland Legislature amending the Act relating to the constitution of a Marine Court of Inquiry in that Colony, which formed the subject of the Law Officers' Report of August 22, 1866,* and to request that we would take this Act into our consideration and favour your Lordship with our opinion as to whether should be approved by Her Majesty.
In obedience to your Lordship's commands we have taken this Act into consideration, and have the honour to
Report
That we are of opinion that the Act which has passed the Newfoundland Legislature, amending an Aot to make provision for the constitution of a Marine Court of Inquiry in that Colony, removes the objection which it was pointed out by former Law Officers would have existed to the first Act if it had become law.
We presume, however, that Her Majesty's approbation to the first Act was withheld altogether, and if so, it is certainly an inconvenient course to ask Her Majesty to assent to an Act which contains objectionable clauses, and at the same moment to assent to an Act amending the first Act by repealing those clauses. The preferable course we think would have been for the Newfoundland Legislature to submit for Her Majesty's assent a new Act omitting the objectionable clauses, and in this view we think that the Aots should not in their present form be submitted to Her Majesty for confirmation.
The Lord Stanley.
• No. 422.
We have, &c. (Signed)
J. B. KARSLAKE. C. J. SELWYN. TRAVERS TWISS.
⚫ 16378.453. 95.—5/86.
PUBLIC RECORD OFFICE
UT:
Reference :--
TRUC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO