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MY LORD,
*
No. 810. (AUSTRALIA.)
LAW OFFICERS to: COLONIAL OFFICE.
We are honoured with your Lordship's commands signified in Mr. Holland's
Temple, April 7, 1873. letter of the 5th April instant, stating that with reference to our report of the 10th ultimo, he was directed by your Lordship to transmit to us a copy of the Australian Colonies Duties Bill, which we would observe is in the form suggested by our report, and to request that we would favour your Lordship with our opinion upon a question which had been raised upon the construction of the last proviso in the 3rd section.
2. That by the 31st section of the Australian Colonies Government Act (13 & 14 Viot. c. 59.) no duties may be levied or dues imposed contrary to or at variance with any treaty or treaties "concluded by Her Majesty with any foreign Power;"
That in the proviso in the Bill the words are contrary to or at variance with any treaty or treaties "for the time being subsisting between Her Majesty and any foreign Power."
3. That it was presumed that the proviso was not intended to have a wider effect than the 31st section of the Australian Colonies Government Act, and that we considered that that section was not confined to treaties concluded at the time of the passing of the Act, but that it extended to all subsequent treaties; your Lordship would, however, be glad to be informed whether this presumption is correct, and whether that is the construction we place upon the Imperial Act.
In obedience to your Lordship's command we have the honour to-
Report
That we did consider that the 31st section of the Australian Colonies Government Act extended to all subsequent treaties that might be concluded by Her Majesty, and that being the construction we put on the Imperial Act, we think it had better be expressed clearly as it is in the present Bill.
%0.
The Right Hon. the Earl of Kimberley,
&c.
&c.
• No. 797.
We have, &c. (Signed)
J. D. COLERIDGE, G. JESSEL.
V 16378.881, 95.-5/86.
PUBLIC RECORD OFFICE
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C.O.
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