1
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-
2
I prefer these words to the words "death-bed marriage" used in section 32, line 6, because section 22 is not confined to the case of a death bed, but to cases where one of
the parties is merely not expected to recover. And I therefore also submit for your Lordship's consideration that in
Section 32, lines 5 and 6, for "in the case of a death-bed marriage the words in the case provided by section 22 of this Ordinance" be substituted.
I have not thought it necessary to trouble your Lordship with the misprints in the draft Bill.
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
I have, &c.,
(Signed) J. PARKER DEANE.
5136.
MY LORD,
No. 19.
(GOLD COAST.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, 7th May 1874. We are honoured with your Lordship's commands, signified in Sir Henry Holland's letter of the 20th April ultimo, stating that he was directed by your Lordship to request that we would favour your Lordship with our opinion upon the following
case :-
1. By Letters Patent of 19th February 1866, a copy of which was annexed for 19 Feb. 1866. reference, one government-in-chief was constituted on the West Coast of Africa, com- prising the four settlements of Sierra Leone, Gambia, Gold Coast, and Lagos.
Sierra Leone,
2. It will be seen that the former Commissions, by which Legislative Councils were 27 May 1873. established in these Settlements, were recited and revoked by these Letters Patent Gambia, (sections 2 to 6), and that new Legislative Councils were established in each Settlement Gold Coast.
24 June1843. (section 8), under the power vested in Her Majesty by the Imperial Act recited in the 24 Jan. 1850, 7th section (6 and 7 Vict. c. 13.).
3. Sir Henry Holland further stated that he was also to call our attention to the fact that, by section 23, power is especially reserved to Her Majesty from time to time to revoke, alter, or amend these Letters Patent as she shall think fit. And that by section 6 the establishment of one general government is only made "until other- wise provided" by Her Majesty.
Lagos,
13 Mar. 1862.
4. The Legislative Councils were established under these Letters Patent of 1866 by 20 Feb. 1866. instructions, issued from time to time to the Governors. Copies of instructions to 13 Jan. 1868. Mr. Blackall, Sir A. E. Kennedy, Mr. Keate, and to the present Governor, Mr. Nov. 1872. 25 July 1873. Berkeley, were annexed for reference, and Sir H. Holland was to direct our attention to sections 21 of the two former and sections 20 of the two latter instructions. It will be seen that these Councils were not representative, but that the members of the former and of the existing Councils were and are appointed by the Crown.
5. Her Majesty's Goverment have now under consideration the question what form of government would be best suited for the Gold Coast Settlements; and it has been suggested that it might be expedient to separate the Settlements of the Gold Coast and Lagos from those of Sierra Leone and Gambia, and to unite the two former Settlements into one Colony, under a Governor-in-chief, with an Administrator at Lagos. It is proposed that the present Legislative Councils of Gold Coast and Lagos should be abolished, and that there should be one Legislative Council for the new Colony.
6. Sir Henry Holland further stated that it is unnecessary for the purpose of this case to trouble us with any further details of the scheme, as they would not, is apprehended, be of assistance in deciding the question upon which your Lordship desires our opinion.
Confidential
7. But with reference to the effect of a reservation clause like that in the Letters 27Apr.1372. Patent of 1866, Sir II. Holland was to refer us to two opinions of the Law Officers of Feb. 1873. the Crown in 1872 and 1873 upon cases which were submitted to them as to the power Paper, of Her Majesty, by subsequent Letters Patent, to partly revoke and alter provisions of Jan. 1873, previous Letters Patent constituting the Government of the Colony of Natal. From No. 27, pages these Reports, copies of which and of the Confidential Paper referred to in the second 165-6. Report were annexed for reference, it will be seen that they considered that Her Confidential Majesty had power, without any Act of Parliament, to revoke and alter a previous Jan. 1873.
Paper, Charter in which a reservation clause was inserted.
No. 27,
to 166.
99.
8. Sir Henry Holland was also to refer us to the annexed Letters Patent, relating to pages 152 the Gambia, of 24th June 1843, from which it will be seen that, by virtue of the P. P. of 1815 reservation clause in the Letters Patent of 2nd Geo. IV., recited therein, and of the Imperial Act, 6 & 7 Vict. c. 13., Her Majesty separated Gambia from Sierra Leone, and constituted a separate Legislative Council for Gambia. And the same course was subsequently pursued by the Gold Coast Charter of 24th January 1850 with respect to that Settlement. A copy of these Letters Patent were also annexed for reference.
▲ 12916.-20. 25.-19/84.