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It may be a question whether in those Colonies of Her Majesty in which a local Metropolitan has been appointed, the general superintending authority of the Archbishop of Canterbury should or should not be continued, or in other words, whether he be not, though not in terms, in fact, invested with the authority of a Patriarch.

I incline to the opinion that by recognising this authority the unity and discipline of the Church of England would be best preserved, but in the case of the diocese of ́Antigua, which is subject to no local Metropolitan, it is manifestly improper that the appeal should lie per saltum to the Privy Council passing over the Archbishop.

Apart from the consideration of the Letters Patent, or on the hypothesis that it be intended to permit them to be indirectly repealed by local legislation, I am of opinion that the authority of Her Majesty in Council should be distinctly recognised in the local statute, and that the right of appeal should not be left to be determined by a judicial decision.

I venture to suggest that the whole question of the Letters Patent granted to the Colonial episcopate requires serious attention and revision in their relation to the authority of statutes passed by local legislation.

I have, &c.

His Grace the Duke of Newcastle, K.G.

&c.

&c.

&c.

(Signed)

ROBERT PHILLIMORE.

10188.

16

No.140.

(VICTORIA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD DUKE,

Temple, October 16, 1862. We are honoured with your Grace's commands signified in Mr. Elliot's letter of the 25th ultimo, stating that he was directed by your Grace to transmit to us therewith a copy of an Act passed by the Legislature of Victoria, intituled "An Act to give a preferable lien on growing crops without delivery." And also to enclose a copy of a report by the Law Officers of the Colonial Government upon this Act, in which they express a doubt whether it may not be inconsistent with a previous Aot (copy of which was also annexed) passed in the same session, relating to bills of sale of personal chattels, and whether in consequence it is not convenient that the period of its coming into operation should be at least deferred.

Mr. Elliot was also pleased to state that he was directed by your Grace to request that we would furnish your Grace with our opinion whether, having regard to the case in the Irish Court of Common Pleas quoted by the Colonial Law Officers, the convenience of the Colony will be consulted by Her Majesty's withholding Her assent from this Act to give a preferable lien on growing crops.

In obedience to your Grace's commande, we have taken these papers into our consideration, and have the honour to

Report.

That in our opinion, and for the reasons jointly pointed out by the Attorney General and Minister of Justice for the Colony, Her Majesty may properly be advised to with- hold Her assent from the Act for giving a preferable lien on growing crops. This will not, of course, involve the ultimate rejection of a special legislative provision relative to securities on growing crops, if upon full consideration of the matter, and particularly with reference to the Bills of Sale Act, such a measure shall be deemed to be expedient. The inconvenience of two separate, and not altogether congruous Acts, as to one and the same subject matter might be specifically guarded against in any such future legislation.

His Grace the Duke of Newcastle,

&c.

&c.

&c.

We have, &c.

(Signed) WM. ATHERTON.

ROUNDELL PALMER.

16276-688. 25.-2/86.

PUBLIC RECORD OFFICE

6

Reference :-

TTTTTC.O. 885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TOPage 181

10261.

No. 141.

(ST. CHRISTOPHER.)

QUEEN'S ADVOCATE to COLONIAL OFFICE.

Doctors' Commons, October 18, 1862.

MY LORD DUKE,

I AM honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 11th October instant, stating that he was directed to transmit to me for my consideration a copy of a Despatch from the Governor of the Leeward Islands with a St. Kitts Act, entitled No. 499, "An Aot to remove doubts as to the legality of "Roman Catholic marriages in the Island of St. Christopher." He was also pleased to enclose a volume containing the previous Act referred to in section 2, and to request that this volume may be returned to the Colonial Office at my earliest convenience.

In obedience to your Grace's commands I have taken this Despatch into considera- tion, and have the honour to

Report

That it appears to me that this statute is too loosely and carelessly worded.

It is possible that the validity of marriages celebrated under its provisions might be subjected to uncertainty. First, the description" a Roman Catholic church or chapel

duly devoted to the celebration of Divine service" is too vague.

The enactment ought to specify that the Roman Catholic church or chapel was duly, licensed or consecrated by the proper Roman Catholic authorities for the celebration of marriages, and that it had been certified as such in the Office of the Secretary of the Island. I presume that it is intended that licenses for these marriages are to issue from this office. But it is not easy to understand how the Act No. 643 can, as proposed in section 2, be incorporated wholesale, as it were, into this proposed statute. Number Sixty- I must observe also that the incorporated statute is referred to as "three" in the printed copy sent to me, but it is, according to the copy of the laws of St. Christopher also sent to me, Number " Six hundred and forty-three." Secondly, I do not think that this Act contains adequate provision against the probability of clandestine marriages between members of the church and Roman Catholics. I do not see why a minor, whose parents or guardians are members of the church, might not be married by banns under this Act without the knowledge of either to a Roman Catholic. I suppose it is intended to guard against this by the incorporation of the statute No. 643, but I do not think that this will be found to be feasible. There should be some distinct provision that in such cases notice of the banns to be put up in the Roman Catholic church should be given to the parents or guardians of a minor, and that they should have power to prohibit the solemnization of the marriage.

I have, &c.

His Grace the Duke of Newcastle, K.G.

&c.

&c.

&c.

(Signed) ROBERT PHILLIMORE.