CO885-(10-11) — Page 305

חיי

2

In obedience to your commands we have taken the matter into consideration, and have the honour to

Report

That the claim of the Colonial Government is not a claim for salvage, but a claim on a contract entered into with Williamson, the master of the ship, whereby money was advanced to his use and at his request. The Colonial Government appear to have dealt with Williamson as a principal, and not to have advanced the money on the credit of Mr. Kitto, of whom they had no knowledge. The master had no express authority from Mr. Kitto to borrow the money, and we think that there is much difficulty in contending that he had implied authority from the bare fact (beyond This fact, indeed, which there is no proof) of Mr. Kitto being the registered owner. is not inconsistent with the statement of Mr. Kitto, not denied by Williamson, that Under Williamson had the sole beneficial interest in the employment of the ship. these circumstances, understanding Williamson to be still at Hong Kong, we think that proceedings should be instituted against him in the Courts of Hong Kong to recover the 1041. 38. 4d. If these proceedings should be ineffectual we think there will be no other remedy.

The Right Hon. Edward Cardwell.

We have, &c. (Signed)

ROUNDELL PALMER.

R. P. COLLIER.

4881.

SIR,

No. 251.

(TASMANIA.)

QUEEN'S ADVOCATE to COLONIAL OFFICE.

Doctors' Commons, May 26, 1864. I AM honoured with your commands, signified in Sir F. Rogers' letter of the 14th instant stating that was directed to transmit to me the enclosed draft of Letters Patent which has been prepared at the Colonial Office for the appointment of the Rev. Charles Henry Bromley to be Lord Bishop of Tasmania in the room of the Right Rev. Francis Russell Nixon resigned, and to request that I would take this draft into consideration and furnish you with my opinion whether it is proper and sufficient for the purpose contemplated, and, if not, that I would suggest such alterations and amendments as I may consider necessary.

That in connection with this draft he was to refer me to the accompanying Parliamentary Paper containing the Letters Patent which were issued in the year 1843 constituting the Bishopric of Tasmanis and appointing Dr. Nixon to be the first bishop. That the same paper also contains furthet Letters Patent which were issued in 1849 defining the limits within which the Bishop of Tasmania should exercise spiritual jurisdiction within that diocese. That he was further directed to refer me, in connexion with this case, to the correspondence which took place with me in the year 1862 on the appointment of Dr. Welby to the See of St. Helena, and particularly to Sir F. Rogers' letter of the 16th April suggesting a more short and simple form of appointment which was then adopted, and to which it is proposed to adhere in the present case, and to call my attention to the qualification which was adopted with my concurrence and that of the Attorney and Solicitor General in 1863 in preparing the Letters Patent for creating the Bishopric of Goulburn in New South Wales, and which provided that the powers thereiti conveyed to the bishop should be exercised so far only as was consistent with such laws as might for the time being be in force within the Colony, and that the same qualification will be found in the draft now submitted for my consideration.

In obedience to your commands I have the honour to

Report

That I have carefully perused the proposed letters patent of the Lord Bishop of Australasia and the printed and other papers which accompanied them. That I am of opinion with the slight marginal addition which I have ventured to suggest the Letters Patent are fit and proper.

I think it desirable that in the mandate of consecration to the Archbishop of Canterbury, His Grace should be directed to administer the usual canonical oath of obedience to the new bishop as suffragan to the Metropolitan Bishop of Sydney.

The Right Hon. Mr. Secretary Cardwell.

I have, &c. (Signed) ROBERT PHILLIMORE.

0 16278.-956. 25.--9/66.

PUBLIC RECORD OFFICE

Reference :-

C.O.

88510 PUBLIC RECORD OFFICE, LONDON

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