20,609.
PUBLIC RECORD OFFICE
Reference :-
C.O.
885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH——NOT TO
SIR,
No. 61.
(CRYLON.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, November 25, 1885. We were honoured with Sir Robert Herbert's letter of the 11th instant, stating that he was directed to submit, for our opinion, a question which has arisen upon the construction of the 9th clause of the Royal Charter, or Letters Patent, of the 18th of February 1833, providing for the administration of justice in Ceylon, commonly called the Charter of Justice, which was in the following terms:-" And we do hereby grant "to our said Chief Justice for the time being rank and precedence above and before "all our subjects whomsoever within the said island and its dependencies, excepting the Governor or Lieutenant-Governor for the time being thereof, and excepting such persons as by law or usage in England take place before our Chief Justice of our "Court of King's Bench."
46
[1]
That the Charter of Justice was repealed by an Ordinance of the Legislature of Ceylon, No. 11 of 1868, but that the rank and precedence given by the Charter to the Chief Justice was preserved by section 12 of the Ordinance in the following words :- Nothing herein contained shall affect the rank and precedence given to the Chief "Justice by the Royal Charter of 1833 above and before all persons whomsoever "within the said island, excepting the Governor or Lieutenant-Governor for the time being, and excepting such persons as by law or usage in England take place before "the Chief Justice of the Court of Queen's Bench."
"
That by a commission under the Royal Sign Manual and Signet dated the 3rd of August 1885, Her Majesty appointed Mr. Cecil Clemonti Smith to be Her Lieutenant- Governor of Ceylon and its dependencies, with all the powers, rights, privileges, and advantages to the said office belonging or appertaining, and in case of the death, incapacity, removal from office, or absence from the island of the Governor, authorised, required, and commanded him to exercise and perform the powers and duties of the Governor.
That the question upon which our opinion was requested was whether the Lieutenant- Governor was entitled to precedence above the Chief Justice or vice versa, when the former officer was not administering the Government of the Colony.
That copies of the Charter of Justice, Ordinance 11 of 1868, and the Lieutenant- Governor's commission was enclosed for reference.
We also beg to acknowledge the receipt of Mr. Wingfield's letter of the 18th instant, Gor. 16 Deo, 1876. enclosing a copy of the correspondence (noted in the margin) which took place in 1876 1875-78 bearing upon the question of precedence
"inter se "}
the Chief Justice and Nov, 1977. the Lieutenant-Governor of Ceylon.
To Gov. 4 May
Sir J. Phear, 24
Sir J. Phear, 97 Nov, 1877, C. O. to Sir J.
1878.
Gov. 16 July 1878.
Mr. Wingfield stated that it would be seen from Lord Carnarvon's despatch of the Phear, 14 Jan. 4th of May 1876, that he considered that the issue to Mr. Birch (who had previously To Gor. 10 Bep held a dormant commission as Administrator of the Government) of an active 1870. commission as Lieutenant-Governor would have the effect of giving him precedence next to the Governor. Mr. Wingfield further stated that it would also be seen from the letter from the Colonial Office to Sir J. Phear, dated the 14th January 1878, that Lord Carnarvon adhered to the same view as to the precedence of the Lieutenant-Governor Dext to the Governor under the Charter of Justice.
Mr. Wingfield added that previously to the grant of the Charter of Justice in 1833, and for some time subsequently, it was the practice to appoint Lieutenant-Governors of Ceylon by dormant commissions, which merely appointed the persons to whom they were issued to be Lieutenant-Governor in the event of the death or absence of the Governor, and that therefore they conferred upon the persons so appointed no rank or position as Lieutenant-Governor until they assumed the administration of Government.
the
A
15927-58. 35.-12/85.
2
In compliance with the request contained in Sir Robert Herbert's letter, we have the
honour to
Report