CO885-(10-11) — Page 241

6539.

No. 195.

(BARBADOS.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD DUKE,

Temple, July 4, 1863. We are honoured with your Grace's commands, signified in Sir Frederic Rogers" letter of the 2nd instant, stating that he was directed by your Grace to request our

early attention to the enclosed correspondence with the Governor of Barbados, and the 31 Jan. 1863. annexed draft of a proposed Act of Parliament.

No. 110. S. of S., No.

6 May 1889,

Sir Frederic Rogers was also pleased to state that we (the Attorney and Solicitor 216, 10 April. General), in conjunction with the late Queen's Advocate, had stated our opinion in a No. 139. letter dated 15th October 1861,* that the 3rd section of 26 George 3. c. 84. was not alterable by a Colonial Legislature, and acting on this opinion your Grace felt yourself bound to advise the disallowance of an Act passed by the Legislature of Barbados, authorising a clergyman ordained in the United States to hold preferment in that Colony. That it appears, however, that a similar Act had been previously allowed, and that the clergyman thus authorised to officiate had solemnized marriages and performed other acts which, on the principles stated, in the opinion of the Law Officers above referred to, would be invalid. That your Grace had, therefore, caused the enclosed Draft Bill to be framed for giving validity to all past Acts, and for enabling Colonial Legislatures to deal with the questions for themselves hereafter, and Sir Frederic Rogers was to request that we would furnish your Grace with our opinion whether this Ant will effect its purpose, and may properly be introduced into Parliament.

In obedience to your Grace's commands, we have considered this case, and have the honour to

Report

That we have settled the accompanying Draft Bill in the form in which we think it ought to stand, and we are of opinion that a Bill in that form may properly be intro- duced into Parliament, and will, if passed into an Act, be effectual for the purpose

intended.

We have, &c. (For the Attorney General and myself)

His Grace the Duke of Newcastle,

&c.

&c.

&c.

(Signed)

ROUNDELL PALMER ROBERT PHILLIMORE

0 16978.-197. 25.-9/86.

• No. 85.

PUBLIC RECORD OFFICE

19

Reference :-

ཟ「 ། ། :།:;། mwildmmim C.O. 885

10

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

1