25741.
SIR,
No. 159.
(BRITISH GUIANA.)
LAW OFFICERS TO COLONIAL OFFICE.
Royal Courts of Justice, November 27, 1897.
31 March, 1897.
WE were honoured with your commands signified in Sir John Bramston's letter of the 9th instant stating that he was directed to lay before us two despatches from the Governor of British Guiana (with their enclosures), raising the question whether the No. 77. Governor in Executive Council could without the sanction of the Combined Court law. fully pay to an officer on abolition of office a larger pension than that to which under No. 286, ordinary circumstances he would be entitled under the Pensions Ordinance of the Colony. 16 Sept.. That the right of the Governor in Council to determine a special rate of pension under 1897. Section 9 of Ordinance No. 3 of 1875 was not questioned, but it was argued that the Governor in Council had not the power to pay the rate so determined without the previous sanction of the Combined Court.
That the Court of Policy in British Guiana possessed formerly both executive and legislative powers. That its executive functions were now vested in the Executive Council, and that the Court of Policy since 1891 had only retained its legislative functions. That the Combined Court consisted of the members of the Court of Policy with six Financial Representatives added. That it had the power of raising taxes, of examining the Public Accounts, and of discussing the items of the Annual Estimates. That the words "Court of Policy" in Section 9 above cited should be read as if they were "Executive Council - as a declaratory Ordinance to that effect (with which it was unnecessary to trouble us) was passed in 1891.
That the Public Officers (Pensions) Ordinance No. 3 of 1875, which replaced the Superannuation Ordinance of 1860, contained the law as to pensions in force in the Colony, subject to an amendment of Section 4 (2) with respect to the pensions payable to Judges of the Supreme Court, which did not affect the present question.
That the Pensions Ordinance was passed by the Court of Policy in consequence of certain Resolutions of the Combined Court, which were recited in its preamble to the effect (inter alia) that pensions and retiring allowances should be paid to public officers, of the amount, and on the conditions, thereinafter contained, and Section 9 of the Ordinance, providing for pensions on abolition of office, was practically identical in its terms with Clause 5 of the Resolution of the Combined Court of 11th June, 1875.
That by passing those Resolutions it was submitted that the Combined Court, which previously alone possessed the power of voting each and every pension, delegated the power of payment to the Governor and Court of Policy, and while the Pensions Ordinance embodying those Resolutions remained in force was "junctus officio" in respect of pensions.
That Sir John Bramston was to request that we would take these papers into our- consideration and advise you,
Whether an increased pension granted by the Governor in Council under Section 9 of the Public Officers (Pensions) Ordinance, 1875, to a public officer, whose office had been abolished, was legally payable without the sanction of the Combined Court having been first obtained to such pension.
In obedience to your commands we have taken the matter into our consideration and have the honour to
Report-
That we are of opinion that a pension granted by the Governor and Court of Policy pursuant to Section 9 of the Ordinance No. 3 of 1875 is legally payable, and that the sanction of the Combined Court is not necessary.
The Ordinance of 1875 gives the Governor and Court of Policy the power of fixing the pension on abolition of office; this Ordinance was passed subsequent to, and is in acordance with, the Resolution of the Combined Court of the 11th June.
As long as the Ordinance remains unrepealed the Governor and Court of Policy may lawfully exercise their Powers thereunder.
The Right Honourable J. Chainberlain, M.P.,
We have, &c.,
RICHARD E. WEBSTER. ROBERT B. FINLAY.
&c.,
&c.j.
15126-15-11.97 Wt 20260 D & S 5
&c.
111111 C.O. 885
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