7393.
MY LORD,
No. 99.
(CAPE OF GOOD HOPE.)
LAW OFFICERS to COLONIAL OFFICE.
We were honoured with your Lordship's commands, signified in Mr. Meade's
Temple, 21st June 1876. letter of the 7th of February last, stating that he was directed by your Lordship to transmit to us the enclosed draft of a proposed Order in Council under the Falkland Islands Act and the Act amending that Act for the Government of the Island of Tristan D'Acunha, an island acquired otherwise than by cession or conquest, and not being within the jurisdiction of the legislative authority of any of Her Majesty's possessions abroad.
That he was to annex for our information a copy of a printed correspondence respecting this island and the present absence of authority there; and to request that we would take this matter into our consideration and advise whether in our opinion the draft Order was legally sufficient and proper to be submitted to Her Majesty in Council. In obedience to your Lordship's commands we have taken this matter into our consideration, and have the honor to
Report
That we are of opinion that the draft order is legally sufficient, but we hesitate to advise that it is proper to be submitted to Her Majesty in Council until the following alterations should have been made therein :--
At page 20, negligence, in injuring the property of another, is made a criminal offence. Slander is likewise made a criminal offence. The word lewdness is also used
as adequately describing another criminal offence.
We submit that the whole code at pages 20 and 21 should be omitted, and the English Common Law applied.
Again at page 29, a testamentary code is provided.
We think the Statute of Distributions and the Common Law of Inheritance should
be made to apply. Again, so far as the suggested constitution is concerned, we submit that the English rule of fixing the majority at 21 should not be departed from.
Subject to the above observations we think the Order proper to be submitted to Her Majesty in Council.
We have, &c.
(Signed)
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
JOHN HOLKER. HARDINGE S. GIFFARD.
▲ 19916.-291. 25.-12/84.
'PUBLIC RECORD OFFICE
Te Tε Ti
CO.
Reference :-
885
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