PUBLIC RECORD OFFICE
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C.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
2
Then he goes on to draw an imaginary picture of the probable difficulties arising out of the legalised right and legalised concubinage.
As to this, I would observe that the policy of making grants to illegitimate relations has been sanctioned by 47 Geo. III. c. 24, and if the proportion of bastards in the Island of Trinidad is very large, the power of legislation is with the Governor and the Executive Council.
I do not understand that the Attorney-General recommends the passing of an Ordinance giving illegitimate relations a legal right to property and legalising concubinage; and in the event of no such Ordinance being passed, the numerous difficulties which the Attorney-General-foresees as arising out of such a state of circumstances will not arise.
*
With regard to the case mentioned by the Attorney-General at the conclusion of his memorandum, I am unable to understand what sort of guidance he wishes to obtain. and as to what principle.
It seems to me that it may be safely left to the vigilance of the Attorney-General to protect, by all proper means, the hereditary revenues of the Crown in Trinidad with regard to the case in question.
The above observations, in connection with their Lordships' own experience in dealing with escheated estates, will, I trust, assist them in answering the reference from the Colonial Office.
I am, &c.
The Secretary to the Treasury.
(Signed) A. K. STEPHENSON.
16883.
No. 220. (QUEENSLAND.)
24 June 1891.
LAW OFFICERS to COLONIAL OFFICE. MY LORD,
Royal Courts of Justice, August 19, 1891. WE were honoured with your Lordship's commands, signified in Sir Robert Gov. 65. Herbert's letter of the 11th instant, stating that he was directed by your Lordship Fo., Aug. 7. to transmit, for our consideration, a copy of a despatch from the Governor of Queens- Queensland land, covering copies of a Proclamation which had been issued by his Government at the request of the Consul-General for Chile, prohibiting the export, during the civil L.O., 1 Sept. war in Chile, of arms and ammunition to Chilian ports from Queensland, except for lo the Government of Chile.
Customs Act, 1873.
Ceylon Customs.
17 of 1869.
That the Secretary of State for Foreign Affairs, to whom a copy of the Proclamation Ordinance No. was communicated, had, in the letter of which a copy was enclosed, raised a question as to the legality of the Proclamation which was issued under the powers conferred on the Governor by section 47 of the Queensland Customs Act of 1873.
That a copy of the Report of our predecessors on a similar proclamation issued by the Governor of Ceylon in 1873 was also enclosed, with a copy of the Ceylon Customs Act of 1869, under section 95 of which the Proclamation in question was issued.
That your Lordship would be glad if we would take the papers into our early consideration, and report whether the Proclamation issued by the Government of Queensland was bad in law as being confined to a particular place.
We have taken the matter into our consideration, and, in obedience to your Lordship's commnands, have the honour to
Report
That in our opinion the Proclamation is not valid in law. The powers given by section 147 of the Queensland Act must be exercised without discrimination as to the persons or localities to which the goods, if exported, would be sent. That is a political question, and not one of Customs administration.
We have, &c. (Signed) RICHARD E. WEBSTER.
EDWARD CLARKE.
The Right Hon. Lord Knutsford. G.C.M.G..
&c.
&c.
&c.
E 65453-28
258/91.
PUBLIC RECORD OFFICE
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