No. 830.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
?
MY LORD,
We are honoured with your Lordship's commands signified in Mr. Herbert's
Temple, June 4, 1873. letter of the 2nd June instant, stating that he was directed by your Lordship to acknowledge the receipt of our letter of the 29th ultimo,* in which we reported to your Lordship that we saw no reason to qualify our opinion that the Act passed by the Canadian Parliament "To provide for the examination of witnesses on oath by Committees of the Senate and House of Commons in certain cases was ultra vires
·་
of the Colonial Legislature.
"9
That your Lordship apprehends that as this Act is ultra vires, it is void under the 2nd section of the Imperial Act 28 & 29 Vict. c. 63., and that your Lordship would be obliged by our informing you whether in our opinion the proper course is that the Queen should be advised to disallow the Act; or whether, the Act being void, no such disallowance is necessary.
That the disallowance of the Act, if proper, would of course have the effect of removing doubts which might be entertained in any quarter as to whether the Canadian Act in question is operative or not.
In obedience to your Lordship's commands we have the honour to
Report
That we are of opinion that the proper course is that the Queen should be advised to disallow the Act.
The Right Hon. the Earl of Kimberley,
We have, &c. (Signed)
J. D. COLERIDGE. G. JESSEL.
&c.
&c.
0 16978-873
25.-5/86.
&c.
• No. 823.
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