12953.
MY LORD,
No. 677.
(New South Wales-Norfolk Island).
LAW OFFICERS to COLONIAL OFFICE.
Temple, December 13, 1870. We are honoured with your Lordship's commands signified in Mr. Holland's letter of the 5th instant, stating-
1st. That with reference to our reports of the 20th November and 10th December 1869, respecting the custody of the registers of births, deaths, and marriages belonging to the settlement of Norfolk Island, he was directed by your Lordship to transmit to us copies of further correspondence on the subject with the Governor of Victoria, the Earl of Limerick, and the Lords Commissioners of the Treasury.
2nd. That he was desired to request that we would favour your Lordship with our opinion whether the facts relied upon by the law officers at Sydney are sufficient to satisfy us that the property of these registers is in the Crown, and if so, whether under the circumstances stated there is any such obligation on the Crown towards the parties interested in the registers as leads us to advise that the uncertain but probably large cost of recovery should be made a charge on Imperial funds.
In obedience to your Lordship's commands we have the honour to
Report
That the conclusions at which the Colonial law officers have arrived was one that was considered by us before we reported to the Government on the two previous occa- sions on which we were consulted.
That though we did not see our way to arriving at this particular conclusion, nevertheless it was one that was fairly open to adoption, while the special circum- stances of the case rendered the question one in which the judgment of the local law officers would be deserving of especial attention and respect.
Although we cannot say that the facts relied on by the law officers at Sydney are sufficient to altogether satisfy us that the property of the registers is in the Crown, we nevertheless think that the question is so far an open one that Her Majesty's Govern- ment would be amply justified in acting on the opinion of the law officers at Sydney. and treating their opinion for purposes of action as correct. If the registers are the property of the Crown we think that the Crown is morally bound towards the parties interested to take steps for their recovery..
We have, &c. (Signed)
The Right Hon. the Earl of Kimberley,
&c.
&c.
&c.
R. P. COLLIER. J. D. COLERIDGE.
0 16978.785.
25.-5/86.
• Nos. 614 and 617.
PUBLIC RECORD OFFICE
חד
C.O. 885
Reference :-
11 PUBLIC RECORD OFFICE, LONDON
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