4383.
PUBLIC RECORD OFFICE
Reference :-
EPEL C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
No. 754.
(NATAL.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Temple, April 27, 1872. We are honoured with your Lordship's commands, signified in Mr. Holland's letter of the 24th April instant, stating that he was directed by your Lordship to transmit for our consideration copies of the Charter of 1856, by which Natal was erected into a separate Colony with a representative constitution, and of the Royal Warrant and Instructions to the Lieutenant Governor of the Colony, and to direct our attention to the provisions in pages 7 and 11 of the charter relating to the civil list thereto annexed.
That, for certain reasons with which it was needless then to trouble us, it had become desirable to secure a materially enlarged reserved civil list in substitution of the list reserved by the charter, and it was proposed to effect that by additional Letters Patent to be issued under the powers expressly reserved to Her Majesty by the charter to amend, order, or revoke the same as to her should seem fit, and that a draft of the proposed Letters Patent was annexed.
Mr. Holland was pleased to add that he was to request that we would take the papers into consideration and favour your Lordship with our opinion upon the following questions:-
1. Whether Her Majesty can make the proposed alteration in the Charter of 1856 by Letters Patent, or, whether Imperial legislation would be necessary to enable her to do so? and,
2. Whether upon the assumption that the alteration can be effected by Letters Patent the draft is, in our opinion, sufficient for the purpose?
In obedience to your Lordship's commands we have taken the papers into considera- tion and have the honour to
Report
That on the assumption that nothing has taken place to alter the constitution of the Colony of Natal since the Charter of 1856 and that that charter is now the governing charter of the Colony we think that it may be altered by Letters Patent without recourse to Imperial legislation.
2. Although reservation is not expressly made in the Charter of 1856 of a power of partial revocation we think such power comes within the fair construction of the terms of that charter, and that such power will be well exercised by the charter the draft of which your Lordship has submitted to us.
The Right Hon. the Earl of Kimberley,
&c,
au.
&c.
We have, &c. (Signed)
J. D. COLERIDGE. G. JESSEL.
o 16978,-A93.
#5.-5/86.