2
"morning and after one of the clock in the afternoon in bakers' shops of bread, in "tobacconists' shops of cigars, and all other kind of manufactured tobacco, and in "confectioners' shops of sweetmeats and pastry, nor the sale in any house or shop of ice and mineral or erated waters, ginger beer and lemonade, nor the crying or selling of milk, ice, icecreams, sweetmeats, pastry, fruit and nuts of all kinds in the public streets."
•
"And it shall be lawful for the police magistrate from time to time to make rules "which shall be subject to the approval of the Governor, and shall be published in the usual manner, to regulate the crying and selling in the public streets, both on "week days and Sundays, of any article whatsoever; provided always, that no such rules shall be repugnant to the provisions of this Ordinance; and such rules, when approved, shall be valid and binding, and shall be deemed to have been enacted in "this Ordinance." There is no other Order in Council or Ordinance or other local law in force in Gibraltar on the subject of Sunday labour or Sunday trading.
On the 2nd July 1894, the Acting Chief Justice and the Acting Attorney General advised as follows:-
5C
"We have carefully considered the question of Sunday labour in Gibraltar referred to us by direction of his Excellency. The law of England as it existed on the "31st December 1883, so far as applicable to the circumstances of the place, and except in respect of matters for which there is provision by local legislation, is, by "the Qrder in Council of 2nd February 1884, in force in Gibraltar, but, as local provision has been made in section 17 of the Summary Conviction Ordinance, 1885, by adapting English legislation on the subject to the local requirements, we are of opinion that this would exclude Imperial Acts dealing with the same matter, and "that Sunday labour in Gibraltar is governed solely by the local enactment to which
we have referred.'
แ
16
Under these circumstances, the opinion of the Law Officers is requested
(1) Whether the Act 29 Car. 2. c. 7, or any part thereof, was brought into force in Gibraltar by the Order in Council of 2nd February 1884.
(2) If so, whether the provisions of section 17 of the Summary Conviction Ordinance of 1886 as to Sunday trading supersede entirely such part or parts of the aforesaid Act as were in force in Gibraltar, and now form the whole law applicable to Sunday labour or trading in Gibraltar.
15067.
No. 73A.
(JAMAICA.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Royal Courts of Justice, August 24, 1894. We were honoured with your Lordship's commands, signified in Mr. Wingfield's letter of the 23rd June, stating that he was directed by your Lordship to transmit to us the case prepared by the Attorney-General of Jamaica which the Governor of the Colony had requested your Lordship to submit for our opinion, with respect to certain matters in dispute between the Colonial Government and the Jamaica Railway Company; and that your Lordship would be glad to be furnished with our opinion on the case.
In obedience to your Lordship's commands, we have the honour to
Report-
1. That we are of opinion that the principle contended for by the Government is in substance correct.
2 & 3. There has been no decision of the Judicial Committee, though no doubt the dicta contained in the judgment require grave consideration, and may influence very much the decision on a future appeal should there be one. No distinction can be drawn between the accounts of 1890 and those of 1891.
4. We are of opinion that the real question is as to the amount of the earnings of the railway in any particular year, and that these are not affected by the fact that the company may have to pay costs of litigation. The account of the earnings must be taken by bringing in the whole amount of receipts on the one side and the outgoings which have contributed to the earnings on the other side.
5. We think that we have dealt with all material matters in our above answers.
The Most Hon. The Marquess of Ripon, K.G.,
&c.,
&c.,
&c.
We have, &c. (Signed)
JOHN RIGBY. R. T. REID.
• This case, which was sent from the Colony, and relates to a matter of local intérest, is very lengthy and has not, therefore, been printed.
0 79871.-45. 95.-9/94.
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