12,104.
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SIR,
No. 185.
(WESTERN AUSTRALIA.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, 18th September 1878.
We were honoured with Mr. Wingfield's letter of the 30th ultimo, stating that he was directed to transmit to us the papers which were enclosed in the letter to us from the Colonial Office of the 14th January last, viz., an extract from a Despatch of the Governor of Western Australia, with the transcript of two Acts and report thereon by the Colonial Attorney-General, entitled respectively "An Act to amend the law relating to procedure at the election of Members to serve in the Legislative Council,” and "An Act to suspend the operation of the Ballot Act, 1877," together with a copy of our report in answer to the letter of the 14th of January.
That you wished to be advised whether, notwithstanding the first-mentioned Act having been assented to by the Governor instead of being reserved for the signification of Her Majesty's pleasure, it might be treated as if it had been a Bill so reserved, and might be assented to by Her Majesty after having been laid before both Houses of Parliament for 30 days, and whether, if so assented to, it would have the same force and validity as if it had been originally reserved for the signification of Her Majesty's pleasure.
That you would, therefore, be obliged if we would take the papers into our con- sideration, and favour you with our opinion upon that point.
In compliance with the request contained in Mr. Wingfield's letter we have the honour to
Report
That in our opinion the Governor's assent was a nullity, and the Bill passed by the Colonial Legislature may yet be assented to by Her Majesty, with the conditions prescribed by the Imperial Statutes.
We have, &c.,
The Right Hon.
(Signed)
Sir Michael Hicks Beach, Bart.,
&c.
&c. &c.
JOHN HOLKER. HARDINGE S. GIFFARD.
▲ 19916.-179, 95-12/86.
PUBLIC RECORD OFFICE
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CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
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