6483.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
1
SIR,
No. 222.
(NATAL.)
LAW OFFICERS to COLONIAL OFFICE.
We were honoured with Mr. Herbert's letter of the 2nd of December 1879,
Temple, 28th April 1880. stating that he was directed to transmit therewith the following documents affecting the constitution of the Colony of Natal:-
(1) Copy of Letters Patent dated the 15th of July 1856 (the Charter).
(2), (3) Copies of supplementary Letters Patent dated respectively the 22nd of
December 1869 and the 22nd of May 1872.
(4) Copy of Law 1 of 1873 to re-adjust the Electoral Divisions of the Colony of
Natal.
(5) Copy of Law 3 of 1875 to increase the number of members in the Legislative
Council of Natal.
2. The duration of the constitution established by the last-mentioned law was (section 4) limited to five years. That term was drawing to a close, and the question arose, what will be the position of the Colony in the event of the Legislative Council failing to pass any law for its constitution in future, or a law of such a nature as would meet with the approval of Her Majesty's Government.
3. That Mr. Herbert was also to invite our attention to the reports of the Law Officers dated 14th January 1875, February 1873, and 27th April 1872; and he was to request us to be good enough to take the enclosed documents into our consideration and favour you with our opinion-
1. Whether in the contingency suggested, the constitution of the Legislative
Council as established by Law 1 of 1873 would again come into force.
2. If not, whether it would be open to Her Majesty to create a Legislative Council
by Letters Patent.
3. If so, whether it would be incumbent upon Her Majesty to confer upon the Council so created as large a proportion of elective members as the present Council includes.
In compliance with the request contained in Mr. Herbert's letter we have the honour to
That-
Report
1. In the contingency suggested the Law No. 1 of 1873 will, in our opinion, again come into force. This law was not repealed by the Law of 1875. The effect of the latter Act was, we think, merely to suspend for five years that portion of the former which related to the constitution of the Council.
2. If the Law of 1873 will not revive on the expiration of that of 1875, we think the Crown will have the power referred to.
3. It will not be incumbent upon Her Majesty to confer upon the Council as large
a proportion of elective members as the present Council includes.
> The Right Hon.
Sir Michael Hicks Beach, Bart., M.P.,
&c.
&c.
&c.
We have, &c., (Signed)
JOHN HOLKER.
HARDINGE S. GIFFARD.
▲ 19910.-10, 95.-19/04.