4723.
PUBLIC RECORD OFFICE
།།
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
KJKEY
MY LORD,
No. 816.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
We are honoured with your Lordship's commands, signified in Mr. Holland's
Temple, May 13, 1873. letter of the 8th instant, stating that he was directed by your Lordship to call our attention to the terms of the 18th section of the British North America Act, 1867 (30 Vict. c. 3.), by which it is provided that the privileges and powers to be held and enjoyed by the Dominion Parliament shall be such as are from time to time by Act of the Parliament of Canada; but so that the same shall never exceed those at the passing of this Act held and enjoyed by the House of Commons of Great Britain and Ireland.
That at the time when this Act was passed the House of Commons here did not, as we would be aware, possess the power to administer oaths to witnesses, nor was such power given to them until 1871, when the Act 34 & 35 Vict. c. 89. was passed.
ques-
That from information your Lordship had received it appeared probable that the tion would be raised in Canada whether the Dominion Parliament could by Act vest this power in themselves, and that he (Mr. Holland) was to request us to favour your Lord- ship with our opinion whether the Canadian Parliament can now vest in themselves a power which the House of Commons did not possess in 1867.
In obedience to your Lordship's commands we have taken this matter into considera- tion and have the honour to
Report
We are of opinion that the Canadian Parliament cannot vest in themselves the power to administer oaths. That being a power which the House of Commons did not possess in 1867, such an Act would be contrary to the express terms of 30 & 31 Vict c. 3. 8. 18.
The Right Hon. the Earl of Kimberley.
&c.
&o.
&c.
We have, &c. (Signed) J. D. COLERIDGE.
G. JESSEL.
$
|
0
16278.--878,
$5.--5/86.