PUBLIC RECORD OFFICE
CO.
Reference :-
No. 13 of
1696.
No. 134 of 1840.
No. 324 of 1858.
No. 135 of
2
of controverted elections had been complied with. That the House of Assembly, however, insisted upon their right to declare the election of both members void.
11. Sir Julian Pauncefote was also directed to transmit to us copies of the three Acts of the Legislature of Barbados above referred to, and a despatch of the Acting Governor of Barbados with its enclosures, containing, amongst other papers, a printed report on the case by the Colonial Attorney-General.
12. Sir Julian Pauncefote was also to transmit two further despatches on the same 28 Oct. 1875. subject from Governor Pope Hennessy, who has since assumed the Government of the Colony. That amongst the enclosures to Despatch No. 142 will be found, at page 69, the report of a speech by the Speaker, purporting to give the facts of the case.
13. Sir Julian Pauncefote was further pleased to state that your Lordship would be glad if we would take all these documents into consideration, and report to your Lordship whether, under the circumstances, and having regard to the provisions of the Colonial Acts referred to, it was in our opinion legally competent to the House of Assembly of Barbados to declare the election for the parish of St. Thomas to have been void as regards Mr. William Grant Ellis as well as Mr. James William Parris, and to annul the election of both the members returned.
In obedience to your Lordship's commands, we have taken these papers into our consideration, and have the honour to
Report
That it was not legally competent to the House of Assembly at Barbadoes to declare the election for the parish of St. Thomas to have been void as regards Mr. William Grant Ellis as well as Mr. James William Parris, and to annul the election of both members returned.
We are of opinion that the Statute of 1696 did not confer upon the House of Assembly the unlimited powers contended for; and we are further of opinion that the return of the two members, though joint in form, is in truth several in respect of each person elected and returned, Warwick, P. and K. 537; and inasmuch as there was no petition against the return of Mr. Ellis, we think there was no jurisdiction to entertain the question of the validity of his return.
We have, &c.,
(Signed)
The Right Hon, the Earl of Carnarvon,
&c. &c.
&c.
JOHN HOLKER. HARDINGE S. GIFFARD.
1846.
J
885
12 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
3562.