PUBLIC RECORD OFFICE
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PELLIC.O.8
885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-
2
Council, without salary, notwithstanding that provision had been made for such salary in the Estimates and Appropriation Ordinance.
We have taken the matter into our consideration, and in obedience to your Lord- ship's commands, have the honour to
Report
That, we are of opinion that the vacant seats should be filled up from elected members of the Council of Government. The terms of Article XLI. of the Letters Patent of the 12th December 1887 are imperative, and the directions contained in your Lordship's letter of the 14th December 1887 cannot override the plain language of that Article.
The question whether the non-official members of the Executive Council must be paid a salary is one of some difficulty. The Letters Patent of 1887, as amended by clause 11 of those of the 14th February 1888, do not now provide for the raising of the salary. On the other hand, clause 13 of the Letters Patent of the 19th March 1888, and clause 5 of the Letters Patent of the 14th February 1889, clearly contemplate that the non-official members of the Executive Council shall receive a salary.
Upon the whole we think that whoever is appointed should receive the salary of 300% per annum as contemplated.
}
The Right Hon. Lord Knutsford,
&c.
&c.
&c.
We have, &c.
(Signed)
RICHARD E. WEBSTER.
EDWARD CLARKE.
13236.
No. 217.
(JAMAICA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Royal Courts of Justice, June 30, 1891. We were honoured with your Lordship's commands signified in Mr. Wingfield's letter of the 16th ultimo, stating that he was directed by your Lordship to lay before us the following papers relating to an agreement made by the Government of Jamaica with the Atlas Steamship Company, for the sale to the Company of certain lands, which agreement the Government, having been advised by the Attorney-General of Jamaica that it was contrary to the provisions of the local statute regulating the sale of Government land, and having applied unsuccessfully to the Legislative Council of the Colony to ratify it, had declined to perform, viz. :—
1. Précis furnished by the Governor of Jamaica.
2. Copy of a despatch from the Governor of Jamaica, with enclosures.
3. Printed statement by the managers of the Atlas Company.
No. 77, 12th
April 1891.
1891.
4. Copy of a letter from the managers of the Atlas Company, enclosing copy of a 8th April letter from the Acting Colonial Secretary of Jamaica to the agent of the Company.
That your Lordship had been informed by the Managers of the Atlas Company that the Jamaica Railway Company had commenced an action to obtain possession of the land which the Colonial Government agreed to sell to the Atlas Company, but that your Lordship had no information as to the nature or ground of the claim of the Railway Company.
That the Atlas Company, having appealed to your Lordship to instruct the Governor to carry out the agreement, Mr. Wingfield was to request that we would inform you whether we concurred in the opinion of the Colonial Attorney-General that the agreement in question was contrary to the Jamaica Law No. 25 of 1870.
That should we be of opinion that the agreement was not contrary to the law, Mr. Wingfield was further to request us to advise your Lordship whether you could properly instruct the Governor to order the Colonial Secretary to carry it into effect, notwithstanding the application to, and refusal by, the Legislative Council to ratify it, and notwithstanding the pending action of the Railway Company.
That copies of the Jamaica Laws, No. 4 of 1866, 25 of 1870, and 14 of 1877, referred to in the papers were enclosed.
We have taken the matter into our consideration, and, in obedience to your Lord- ship's commands, have the honour to
Report
That we concur in the opinion of the Colonial Attorney-General that the agreement
in question is contrary to the Jamaica Law, No. 25 of 1870.
The Right Honourable Lord Knutsford,
We have, &c.
(Signed)
RICHARD E. WEBSTER. EDWARD CLARKE.
&c.
&c.
&c.
E 65458.-94.
25.-7/91.
PUBLIC RECORD OFFICE
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