R
25319.
No. 45.
(BRITISH GUIANA.)
SIB,
LAW OFFICERS to COLONIAL office.
Royal Courts of Justice,
August 2, 1900.
7th June,
We were honoured with your commands-signified in Mr. C. P. Lucas's letter of Sir W. the 23rd ultimo, stating, that with reference to the Law Officers' Report of the Sendall, 28th April last, regarding certain points in connection with the Widows' and Orphans' No. 194, Fund of British Guiana, he was directed by you to transmit to us, in original, two 1900." despatches on the subject from the Governor of that Colony, dated the 7th June, together Sir W. with the Widows and Orphans' Fund Ordinance III., of 1873, a copy of the Public Sendall, Officers' (Widows' and Orphans' Fund) Ordinance, 1873, Amendment Ordinance, 1896, Confi. and a copy of the Ceylon Ordinance, No. 20, of 1885, entitled "The Widows' and Orphans' Pension Fund Ordinance, 1885."
That Mr. Lucas was to enquire whether, in view of the considerations urged in Sir W. Sendall's despatches, we saw any reasons to modify the opinions expressed in the Report referred to above.
That Mr. Lucas was also to direct our attention to the Memorandum, dated the 5th June, 1900, by Mr. A. Kingdon, Senior Puisne Judge in British Guiana, a copy of which was enclosed in Sir W. Sendall's confidential despatch of the 7th June, and that he was to request that we would be good enough to take the matter into our consideration and to report on the questions raised in that memorandum, viz. :—
1. Was there power to wind up the present arrangement, that is, to enact that there should be no new contributors to the fund, that the deductions from the salaries of present contributors should cease, and that the capital of the fund should be appropriated for the benefit of those entitled to it ?
2. Had existing pensioners any right to say that the Ordinance must remain in force
so long as their pensione, or any part, remained to be paid?
3. If there was power to wind up, what were the rights of existing pensioners and contributors respectively in the capital of the fund?
4. Would the interests (if any) of the contributors be a personal one, divisible and payable in cash to each, or to his legal representatives, and if so, how would each one's share be computed, or would the interest of the contributors as a whole be kept together and inure, as far as it would go, for the benefit of their widows and orphans in the same way as if there were no winding up ?
In obedience to your commands we have the honour to
Report-
1. That the report of our predecessors of the 28th April* referred only to the powers existing under the present Ordinance, and had no reference to any legislation that may be proposed. There is power to wind up the present arrangement by such legislation.
2, 3, 4. The considerations adverted to in these questions must, of course, be taken into account in framing any ordinances which may be thought desirable, having regard to the present position of the funds. They do not raise questions of law but questions which must be taken into account by the Legislature and decided on principles of fairness to individuals, as well as of public policy.
We have, &c.,
dential,
7th June, 1900.
The Right Honourable Joseph Chamberlain, M.P.,
&c.,
&c.,
&c.
• No. 34.
6639-28-8/1900 Wt514 D & B
R. B. FINLAY. EDWARD CARSON,
PUBLIC RECORD OFFICE
Reference :-
LTC.O. 885
15 PUBLIC RECORD OFFICE, LONDON
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