2946.
PUBLIC RECORD OFFICE
|| | ||
C.O. 8
Reference -
885
14 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
No. 29.
(WESTERN PACIFIC.)
LAW OFFICERS to FOREIGN OFFICE.
MY LORD,
We were honoured with your Lordship's commands signified in Sir Thomas.
Royal Courts of Justice, January 30, 1893. Sanderson's letter of the 23rd instant, stating that he was directed by your Lordship to transmit to us the papers noted in the accompanying list, relative to the enactment by the Chief Justice of Samoa of "The Real Property Ordinance, 1891," and to the imposition under it of a fee for the registration of land titles, which formed the subject of our Report of the 3rd September last.
That we should perceive from the Chief Justice's letter of the 29th November last, to which Sir Thomas Sanderson was to call our special attention, that he demurred to the opinion that his action in the matter had been ultra vires, and alleged various considerations in support of his proceedings, as well as in defence of the fee which had heen impugned, but which he affirmed to be of a reasonable character.
That negotiations were in progress under which it was probable that the present Chief Justice would vacate his post at an early date.
That your Lordship was nevertheless desirous, out of consideration for M. Ceder- erantz, to be in a position to return such a reply to his communication as, from a legal point of view, would command our approval.
That Sir Thomas Sanderson was accordingly to request that we would take the papers into our consideration, ard that we would inform your Lordship whether we saw anything in the arguments and considerations put forward by the Chief Justice which induced us to modify. in any way, our opinion of the 3rd September 1892.
That your Lordship would also be glad to receive any general observations which we might have to offer on the case.
In obedience to your Lordship's commands, we have the honour to
Report
1. That we have carefully considered the letter of the Chief Justice of Samoa of the 29th November 1892. That letter contains matter worthy of notice by the Treaty Powers. It also shows that the Chief Justice has applied himself with great ability and industry, and in a position of much. difficulty, to meet the emergencies with which he found himself confronted.
There is no doubt the difficulty of his position was caused mainly by the incomplete character of the Final Act of the 14th June 1889. At the same time we cannot with-
draw the expression of our opinion contained in the first clause of our Report of the 3rd September 1892.
We think the Final Act did not confer upon the Chief Justice legislative authority We think the Chief Justice is in error in thinking that "practice and procedure include "substantive law;" and we think he is also in error in the view that Article III., section 8, only provides for legislation of a criminal kind. be construed as applying also to laws affecting property and civil rights.
We think it ought to
2. As to the imposition of the registration fee fixed by the Ordinance of the Chief Justice, we regarded that us a subsidiary part of a scheme which we were, and are, of opinion is in many important provisions, and taken as a whole, ultra vires; and we would observe that the value of the reference by the Chief Justice to the fees charged in other places cannot be estimated without a knowledge of the Statutes giving authority in those cases. Our opinion had reference in this connection to the Final
Act.
It may be that the provision which, we understand from his letter, has since been Issued by the Chief Justice has a material bearing upon the question of the reasonable- ness of the fee in question.
0
74772.-7.
25.-3 99.