12,145.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
SIR.
No. 177.
(ST. VINCENT.)
LAW OFFICERS to COLONIAL OFFICE.
We were honoured with Mr. Herbert's letter of the 30th of December last,
Temple, 28th July 1878. stating that he was directed by the Secretary of State for the Colonies to transmit to us the accompanying transcript of an Ordinance passed by the Legislature of St. Vincent. No. 2 of 1878, entitled "An Ordinance to declare the Law and to provide respecting No. 2 certain appointments to Public Offices," together with the report of the Attorney- General of St. Vincent upon the Ordinance.
That Mr. Herbert was also to transmit copies of further reports upon the same subject.-one by the Attorney-General of St. Vincent, the other by the Attorney- General of Barbados.
2. That it was the established practice in all the Colonies in which public offices were granted in the name of Her Majesty for the Governor to provide for the duties of vacant offices, and of offices the holders of which were absent from the Colony, or incapacitated from discharging the duties by illness or by being temporarily appointed to discharge the duties of other offices, or by any other cause, by temporarily appointing persons to discharge the duties of such offices during their vacancy, or during the absence or incapacity of the holders.
3. That the persons so temporarily appointed, commonly called acting officers, were In many cases the holders of other public offices, and in such cases the acting officer retained his original office, and either he discharged the duties of both offices, or more usually another person was appointed temporarily to discharge the duties of the acting officer's original office during his acting appointment to the other office.
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4. That the other practice was recognised by the Rules and Regulations for Her Majesty's Colonial Service, the 107th and 108th sections of which were as follows:-
107. If any office be vacated in any Colony, by the death or removal of the holder or by his temporary absence, the person appointed by the Governor to act in his stead will receive half the salary of the office. Should such person be the holder of another situation, but not performing the duties of it, he may receive half the salary of the office in which he is so appointed to act, together with half the salary of his own office.
108. Should the person so appointed by the Governor to a vacant office be required at the same time to perform the duties of his own office, he may be allowed half the salary of the temporary office, together with the whole salary of his own office, but as a general rule no person should be appointed to discharge at the same time the duties of two distinct offices, whenever any other arrange- ment may be practicable."
5. That it would be seen from the accompanying papers that doubts were entertained by the Attorney-General of St. Vincent, 1st, Whether the Crown (or the Governor as representing the Crown) had the power to make temporary or acting appointments to offices the holders of which, though prevented from discharging the duties of their offices, remained in the Colony; and, 2ndly, whether an officer could be temporarily appointed to discharge the duties of another office, and relieved during such. temporary appointment from the duties of his original office, without vacating the latter; and that the accompanying Ordinance had been passed principally for the those doubts.
purpose of solving
6. That it appeared to you that if Mr. Choppin's doubts were unfounded it was desirable that the Ordinance should be disallowed; and, on the other hand, that if the existing practice in reference to acting Colonial appointments was in any respect illegal, or of doubtful legality, it might be a question whether recourse should not be had to Imperial legislation for the purpose of legalising it.
▲ 12916.-172. 25.--12/84.