12062.
That I concur generally with the course suggested in Sir F. Rogers' letter.
I will merely observe that great latitude must be permitted to Colonial legislation on marriage, in cases such as the present, where the institution itself has only recently been introduced, and where many local difficulties of a peculiar character are to be encountered.
I would beg to refer to my report of the 7th July 1858 to the Secretary of State for the Colonies, on an Act passed by the Legislature of Canada, in the latter part of which report I have endeavoured to deal with the general principles applicable to Colonial legislation on the subject. Some of the remarks therein contained might perhaps be transmitted to Chief Justice Mantill for his guidance.
I must also observe that St. Helena Ordinance No. 3, of 1851, alluded to by Sir F. Rogers was approved of, not by me, but my predecessor in office, the late Sir J.
Dodson.
There is another St. Helena Ordinance, No. 1 of 1850, on the same subject (more especially as to marriages by banns and the registration thereof), a copy of which might be useful to Chief Justice Mantill in amending this Gambia Ordinance.
The Right Hon. the Duke of Newcastle,
&c.
&c.
스
&c.
I have, &c.
(Signed) J. D. HARDING.
No. 91.
(Howa Koma.)
LAW OFFICERS to TREASURY.
CASE.
As to the power of the Agra and United Service Bank to carry on the business of banking in other parts of Her Majesty's dominions than England.
The following is a copy of a letter from the Secretary of the Treasury.
Treasury Chambers, October 9, 1861. SIB,
I AM directed by the Lords Commissioners of Her Majesty's Treasury in trans- mitting the enclosed papers to desire that you will submit a case to the Attorney and Solicitor General for their opinion whether the charter granted to the Agra and United Service Bank in pursuance of the Act 7 & 8 Vict. c. 113, empowers that cor- poration to carry on the business of banking in other parts of Her Majesty's dominions than England, and if not, whether any steps can be taken to restrain the corporation from carrying on such business in Her Majesty's Indian territories or Colonies!
26
I am to desire that in preparing the case you will, with reference to the clause in the charter of the Agra and United Service Bank, which declares that “no agencies shall "be maintained or established by or on behalf of the said company in any of Her Majesty's dominions abroad, or in the territories of the East India Company, which "shall be contrary to the laws for the time being in force in those possessions or "territories," call the attention of the Law Officers to the two cases submitted to the Attorney and Solicitor General in 1853, respecting the right of Oriental Bank under its Royal Charter of Incorporation to carry on businese in the territories of the East India Company, and the correspondence relating thereto with the India Board, in which reference was made to the power conferred by such charter to the Oriental Bank of establishing agencies in places eastward of the Cape of Good Hope for deposit, remittance, and exchange, as distinguished from the general business of banking.
The Solicitor.
I am, &c. (Signed) GEO. A. HAMILTON.
A copy of the Charter of Incorporation of the Agra and United Service Bank is left herewith.
As also copies of the cases and opinions referred to in Mr. Hamilton's letter.
The Attorney and Solicitor General are requested to advise on the questions asked in Mr. Hamilton's letter.
We are of
Opinion.
That there is nothing in the charter of the Agra and United Service Bank which can render it illegal for them to establish in any of Her Majesty's Indian territories or Colonies such agencies, in connexion with the business of banking carried on by them in England, and for the purposes of that business, as are autho- rised by the 21st clause of their deed of settlement; unless there is any law in force for the time being in such territories or Colonies, respectively, which prohibits the establishment of such agencies. If there be any such law, acts in contravention thereof would be illegal under the charter; and we think that such acts might be restrained, if necessary, by injunction. We are not, however, of opinion that any such prohibition is contained in the statute law of the United Kingdom. And if any regu- lation or act of the Indian Legislature has that effect (of which we are not aware) it has not been brought under our notice.
Except by establishing agencies under the 21st clause of their deed of settlement we think that the Agra and United Service Bank cannot lawfully carry on the miness of banking elsewhere than in England.
Temple, November 9, 1861.
(Signed)
WM. ATHERTON. ROUNDELL PALMER,
⚫ 16270.-156.
25.-9/86,
PUBLIC REC
OFFICE
Reference :-
C.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
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