PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
2
In obedience to your Lordship's commands we have the honour to
That-
Report
1. Sir T. Shepstone's commission being limited to a power to annex and administer, he had not, in our opinion, power to issue the Proclamation making provision for the administration of justice in the Transvaal, because such Proclamation provides for an alteration in the existing laws of the territory. It will, however, be competent for Her Majesty to give validity to the provisions of a Proclamation by an Order in Council.
2. The words of the Proclamation issued by Sir T. Shepstone on the annexation of the Transvaal have not, we think, the effect of abrogating or limiting Her Majesty's power of legislating for the annexed territory by Order in Council. The language of the paragraph of the Proclamation referred to by Judge Kotze is vague and not happily chosen; but we consider that, properly construed, such paragraph merely contains a promise that Her Majesty will grant to the Transvaal a separate Legislature, and that the territory shall not be absorbed into any other State.
3. In our opinion, nothing disclosed in the papers submitted to us has the effect of abrogating or limiting the power of Her Majesty to legislate by Order in Council for the Transvaal.
4. Sir T. Shepstone, as the Administrator of the Government under the commission issued by Her Majesty, has in our opinion power by Proclamation to make such provision for the peace and good government of the Transvaal as may be necessary, provided he does not by such Proclamation assume to alter or abrogate existing laws.
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
We have, &c., (Signed) JOHN HOLKER.
HARDINGE S. GIFFARD.
13,761.
No. 152.
(ST. LUCIA.)
LAW OFFICERS to COLONIAL OFFICE.
Mr LORD,
Temple, 14th November 1877. We were honoured with your Lordship's commands, signified in Mr. Malcolm's letter of the 12th September last, stating that he was directed by your Lordship to transmit to us for our consideration a copy of a letter with its enclosures from 27 July Mr. W. C. Sargeaunt, one of the official directors of the St. Lucia Central Sugar 1877. Factory Company, Limited, respecting the payment of the guaranteed interest of 6 per Print in cent. on the shares of the Company.
That a question had arisen as to the liability of the Government of St. Lucia, under a guarantee of the payment of interest upon certain shares in the factory which were offered for subscription in January 1874.
That we would perceive that the facts of the case were sufficiently disclosed in the accompanying correspondence; and Mr. Malcolm was to state that your Lordship would be glad to receive an expression of our opinion as to whether, having regard to the terms of the prospectus in the part printed in red letters, the liability of the Colonial Government under its guarantee was limited to the period of the first allotment of shares made after the issue of the prospectus, or whether it was a continuing liability, attaching, for the period of two years, to each share from the date at which it was issued, when- ever that date might be, or whether the liability of the Government in the above respects was limited in any other, and what, manner.
In obedience to your Lordship's commands, we have the honour to
Report
That the words in their natural and usual sense, as applicable to the life of a com- pany, mean the date at which the shares begin to be allotted; and we think the Ordinance rightly interpreted the meaning of the prospectus. Mr. Beaumont's opinion inserts the letter "s," and reads the words allotments. This is perfectly necessary for his construction, but it is inaccurate.
(Signed)
The Right Hon. the Earl of Carnarvon,
&c.
&c.
&c.
We have, &c.,
JOHN HOLKER. HARDINGE S. GIFFARD.
original.
A 12916.-28. 25.-12.84.
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