5526.
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PUBLIC RECORD OFFICE
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
MY LORD,
No. 827.
(LEEWARD ISLANDE.)
LAW OFFICERS to COLONIAL OFFICE.
We are honoured with your Lordship's commands, signified in Mr. Holland's
Temple, May 31, 1873. letter of the 28th May instant, stating that he was directed by your Lordship to transmit to us a copy of a Despatch of the 26th April from the Administrator of the Leeward Islands enclosing a resolution of the Council of the Leeward Islands with respect to its powers of fixing the salaries of the magistrates appointed by an Act, No. 10 of 1873, which was passed by that Council, and that he was also to transmit to us copies of the Act referred to, and of the report of the Attorney General thereon, and (for convenience of reference) copies of the Imperial Leeward Islands Act, 1871, (34 & 35 Vict. c. 107.) and to call our attention to the 10th and 11th and 28th sections of the last-named Act, which appeared to have special bearing upon the question raised by the Council of the Leeward Islands.
2. That we would observe that it was not disputed that the appointment of magis- trates for the Leeward Islands is a subject with which the Council can deal under the terms of the fifth head of the 10th section of the Imperial Act; and their power to legislate upon the subject once being admitted, it would seem to follow, upon the well recognized principle of law that when an authority is given to do a certain act all the powers required for doing it are necessarily given, that the Council must have by implication the power to give effect to laws passed upon the subject, unless there be some express provision in the Act which rebuts such implication.
3. That, in support of this view, Mr. Holland said that he was to refer us to passage in Dwarris on Statutes, where it is laid down that "In statutes incidents are always supplied by intendments; in other words, whenever a power is given by statute, every thing necessary to the making of it effectual is given by implication, for the maxim is quando lex aliquid concedit concedere videtur et id, per quod demenitur ad illud.” 4. That it was apprehended that there is nothing in the Imperial Act to rebut this implication, and although special provision is made by the 28th section as to fixing the expenses of establishments common to all the Presidencies, that section would appear to have been introduced for the special purpose of apportioning this class of expenses among several Presidencies, and not with the intention of limiting the powers of the Council in respect of expenses other than those of such common establishments.
5. That the effect which such a limitation might produce with reference to the working of this particular law passed by the Council was pointed out by the Adminis- trator of the Leeward Islands, and unless the Council could determine the amount and incidence of expenses, other than the expenses of establishments common to all the Presi- dencies, necessary to give effect to legislation upon the subject specified in the 10th section of the Imperial Act, it would be practically possible for the Presidency to defeat such legislation.
6. That it had been thitherto assumed that that power existed in the Council, and Mr. Holland stated that be was to annex for our information copies of sections 1 and 2 of a law, No. 3 of 1872, relating to lunatics, of section 3 of No. 9 of 1872, providing for the payment of a subsidy to the West India and Panama Telegraph Company, and of sections 8, 9, and 10 of No. 6, 1873, "An Act to establish a common prison for the
· Leeward Islands, and to authorise the removal of prisoners from the several Presi- "dencies."
44
7. Mr. Holland was pleased also to say that he was to request that we would take the papers into our consideration and favour your Lordship with our opinion whether the Council in passing this Law No. 7 of 1873 were acting within the powers vested in them by the Imperial Act, and whether Her Majesty may properly be advised to allow this Law to remain in operation.
And 2, Whether if the Council do not possess the power of fixing salaries and expenses necessary to give effect to the laws which they are entitled to pass under the 10th section of the Imperial Act, they can vest such power in themselves by local Act or whether Imperial Legislation will be necessary?
• 16278,-887. 25.-5/86.