4759.
MY LORD,
No. 56.
(AUSTRALIA.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, 29th April 1875. We are honoured with your Lordship's commands, signified in Mr. Malcolm's letter of the 22nd instant, stating that with reference to our Report dated the 10th instant, on the subject of a clause which it was proposed to insert in the Pacific Islanders Protection Bill, constituting a High Commissionership for certain islands in the Pacific Ocean, he was directed by your Lordship to inform us that he was of opinion that it would be of great advantage if power were taken to extend the jurisdiction of an existing British Court of Justice (e.g. the Supreme Court of the Colony of Fiji) over the islands and places to be brought within the High Commissioner's jurisdiction, in addition to the power proposed to be taken of creating a new Court of Justice for those islands and places.
2. That your Lordship had accordingly caused the clause in question to be altered from the form submitted to us, by the insertion of words intended to enable Her Majesty by Order in Council to vest all the powers and jurisdiction of the proposed Court in the Court of any British Colony designated in such Order.
3. That there were also a few minor alterations, chiefly changes of form, which had been made in the clause.
4. That he, Mr. Malcolm, was directed by your Lordship to submit the clause in its amended form to us for our consideration, and to request our opinion whether the clause as now framed is sufficient for the purpose indicated above, and whether the alterations which had been made in it require in any way to be amended or modified.
5. That as your Lordship was anxious to introduce the clause at once, he, Mr. Malcolm, was to request that we would favour your Lordship with our opinion as soon as we might find it possible to do so.
In obedience to your Lordship's commands we have the honour to
Report
That the draft clause with the alterations suggested in the margin seems to us sufficient for the purpose.
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
RICHARD BAGGALLAY. JOHN HOLKER.
We have, &c.,
(Signed)
J. PARKER DEANE.
▲ 12916.-55. 95,-12/84.
PUBLIC RECORD OFFICE
Reference :-
TICO.
885
12 PUBLIC RECORD OFFICE, LONDON
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4759.