MY LORD,
No. 157.
(LAGOS.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, 1st January 1878. We were honoured with your Lordship's commands signified in Mr. Herbert's letter of the 14th of November 1877, stating that he was directed by your Lordship to transmit to us a copy of a Despatch from the Governor of the Gold Coast Colony, enclosing a communication from the Chief Justice of the Supreme Court of that Colony respecting the validity of the Lagos Ordinance No. 2 of 1867.
2. That the nature of the doubts which had occurred to Sir David Chalmers were so fully and clearly stated by himself that your Lordship did not think it necessary to recapitulate for our assistance, as usual, the elements of the question to be considered; but thought it would suffice to request that we would report whether the Lagos Ordinance No. 2 of 1867 was invalid on either or both the grounds suggested by Sir David Chalmers, and that we would advise whether past acts done under the supposed authority of the Ordinances Nos. 5, 6, and 7 of 1866, as supposed to bave been validated by Ordinance No. 2 of 1867, could now be validated by local legislation.
3. That it had been suggested that in Article XXI. of the instructions the words "officer lawfully acting as administrator of the Government" must have the ordinary acceptation of the administrator, or, if his place was vacant by death or absence, the officer temporarily appointed to fill it, it having been the object to secure the presence at the Council Board of the individual so designated during the presence in the settle- mments of the Governor-in-Chief.
4. That he was to enclose, for convenience of reference, (1) copies of the Commission of the 19th and Instructions of the 20th of February 1866, under which the Lagos Legislature derived its authority in 1866-7; (2) of the Commission and Instructions of the 24th of July 1874, under which the present Legislature for the united settlements of the No. of 1866, Gold Coast and Lagos was constituted; (3) and of the Lagos Ordinances of 1866 and 1867, on which the present question arises.
In obedience to your Lordship's commands we have the honour to
Report
That in our opinion the Lagos Ordinance No. 2 of 1867 is not invalid on either of the grounds suggested by Sir D. Chalmers. This being the view we entertain, it is unnecessary to consider whether the past acts referred to can now be validated.
We have, &c.,
6
h
.. 8 of 1867.
sent in a volum^ to the Solicitor- General
(Signed)
&c.
The Right Hon. the Earl of Carnarvon,
&c.
&c.
12916.-15. 95.-12/84.
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JOHN HOLker. HARDINGE S. GIFFARD.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
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670.