2
19289.
with
our
That Mr. Wingfield was to request, therefore, that we would favour you advice as to whether there was any legal or constitutional objection to the Bill which would make it improper to advise Her Majesty to assent to it.
We have taken the matter into our consideration, and in obedience to your commands have the honour to
Report-
+
That, we are of opinion that there is no legal or constitutional objection to the Bill sufficient to make it improper to advise Her Majesty topssent thereto,
The necessity for the suspension of the Habeas Corpus Act, and for empowering the Governor to legislate, is a matter of which the Cape Parliament must judge.
We have, &c.,
The Right Honourable,J. Chamberlain, M.P., &c..
&c.,
&c.
RICHARD E. WEBSTER. ROBERT B. FINLAY.
SIR.
No. 153.
(LEEWARD ISLANDS.)
LAW OFFICERS to COLONIAL OFFICE.
Royal Courts of Justice, 31st August, 1897.
We were honoured with your commands signified in Mr. Wingfield's letter of the 12th instant, stating that he was directed to request us to favour you with our opinion on the following point which had arisen under the Leeward Islands' Act 1871 (34 and 25 Viet.. }. 17).
That by that Act the General Legislature of the Leeward Islands was empowered to make laws for the Leeward Islands, or any part thereof, on certain specified subjects, amongst which was included currency.
That by section 28 it was enabled to charge on the revenues of the several Presidencies in certain fixed proportions the expenses of all such establishments as were common to the Leeward Islands.
That by a Bill drafted by the Attorney General of the Leeward Islands providing for the issue of Government paper currency, it was proposed to establish a Board of Comi- missioners of Currency for the purpose of the Act, and to empower them to charge “the general revenue of the Colony" in certain indicated events with liabilities on account of the note issue.
That there was no V
general revenue of the Colony" of the Leeward Islands, but that the various Presidencies of the Colony annually voted such sums as they were called to provide in accordance with section 28 of the Leeward Islands Act 1871.
upon
That the point upon which you desired to be advised was whether the power conferred upon the General Legislature of the Leeward Islands by section 28 of the Leeward Flands Act 1871 enabled the General Legislature to charge the cost of a note issue, and the liability on the notes, if, and so far as, the moneys received for their issue did not provide for their repayment upon the revenues of the Presidencies of the Colony, in the proportions in which other common expenditure was charged upon them under that section.
In obedience to your commands we have the honour to
Report-
That, in our opinion, section 28 does not empower the tieneral Legislature of the Leeward Islands to charge the liability on notes upon the revenues of the Presidencies. That section relates to the expenses of establishments common to the Leeward Islands,
but liability upon a note issue is not such an expense.
The cost of the note issue may be so charged.
The Right Hon. J. Chamberlain. M.P.,
We have, &c.,
RICHARD E. WEBSTER. ROBERT R. FINLAY.
..
Ke..
&r.
PUBLIC RECORD OFFICE
།།། །
Reference :-
C.O.885
14 PUBLIC RECORD OFFICE, LONDON
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