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territorial and subject to the ordinary municipal jurisdition to which the mainland owes obedience. Beyond this we conceive that the matters to be considered are matters rather of fact than of law.

179.

We have, &c.

(Signed)

His Grace the Duke of Newcastle, K.G.,

&c.

&c.

&c.

WM. ATHERTON. ROUNDELL PALMER.

PUBLIC RECORD OFFICE

།། ༄།:「། །

דון הוד

Reference :-

C.O.

PUBLIC RECORD OFFICE, LONDON

885

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

MY LORD DUKE,

No. 155.

(JAMAICA.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, January 7, 1863. We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 30th December 1862, stating that he was directed by your Grace to request that we would favour your Grace with our opinion on the following question, which is raised by a letter from the Bishop of Jamaica, of which a copy was enclosed. 15 Dec. 1862. Sir Frederic Rogers was pleased to state that the Jamaica Act 25 Viot. c. 13. provides by the 2nd clause for the raising of a stamp duty on the instruments named in the schedule to the Act, and that such schedule embraces a variety of deeds and agree- ments, promises to pay, receipts, commissions, and appointments, and includes, inter alia, the following clause:

And that the 41st clause is as follows:

"On every appointment by Her Majesty's Letters Patent to any public office of this "Island 401."

"Any instrument made, executed, taken, or acknowledged out of this Island and liable to duty, shall not be received or admitted "in any court or be entered of record in any office within this Island until the same "shall have been first duly stamped," and that the Imperial Act 6 Geo. 4. c. 88., and 5 Viot, sess. 2. c. 4. authorised Her Majesty to appoint, and provided for the payment from Imperial funds of bishops of the English Church in the West Indies; the latter. Act also authorised the subdivision of West Indian dioceses. Under this authority there was appointed by Letters Patent under the Great Seal of the United Kingdom a Bishop of Jamaica, whose diocese embraced the outlying colonies of Honduras and the Bahamas.

Sir Frederio Rogers was also pleased to state that it had recently been thought advisable to sever the Bahamas from the diocese of Jamaica; and it was necessary for this purpose (in conformity with the provisions of 5 Vict. c. 4.) to revoke and re-issue the Letters Patent of the Bishop of Jamaica. And that under the provisions of the Colonial Act above quoted, the Jamaica authorities appear to require that the above- mentioned fee of 401. should be paid on recording the New Episcopal Letters Patent; and that various. Colonial officers are appointed by Colonial Letters Patent, under the seal of the Colony, which (it may be assumed) run in the name of Her Majesty, being witnessed by the Governor, and that several of these officers will be found specified and subjected to stated rates of stamp duty under the head "Commission" in the schedule above cited.

Sir Frederic Rogers was also pleased to state that our opinion was requested.

1. Whether the clause above quoted from the schedule to the Jamaica Act 25 Vict. c. 13. applies to Letters Patent under the Seal of the United Kingdom, or only to Letters Patent under the Public Seal of the Colony?

2. If the latter, whether Letters Patent under the Great Seal of the United Kingdom, are within the meaning of the 41st clause of the Act? On this point your Grace would draw attention to the rule of law that the Crown is not bound by any enactment in which it is not expressly named.

3. If it is considered that the Jamaica Act assumes to tax Her Majesty's Letters Patent under the Great Seal of the United Kingdom, is a Colonial enactment framed with that intention valid at law?

4. If the Jamaica Act is effectual for the purpose of imposing a tax on such Letters Patent is it applicable to appointments to office of which the salary is paid from Imperial funds?

5. Or to the appointment of Governor?

6. Or to Letters Patent which do not make a fresh appointment, but as in the present casa, amount to a mere re-issue or re-appointment of an existing office holder as purs of a mere formal arrangement not affecting his substantial interests?

7. Generally, whether in our opinion the Bishop of Jamaica can legally be required to pay the fee of 401. imposed by the above-mentioned Act before his Letters Patent can be received in any court or entered of record in any office within the Island of Jamaica?

16278.--$84.

15.-8/86.

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