CO885-(10-11) — Page 376

د

1044.

No. 306.

(CEYLON.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, February 1, 1865.

We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 20th ultimo, stating that he was directed by you to request us to take into con- sideration the papers annexed, consisting of the Commission and Instructions of the late Sir C. MacCarthy as Governor of Ceylon, under which Major-General O'Brien is now administering the Colonial Government, and a Despatch, with enclosures, received from this latter officer submitting certain legal questions which have arisen in consequence of the withdrawal of the six unofficial members from the Ceylon Legislative Council.

Sir Frederic Rogers was also pleased to state that he was directed to draw our par- No. 265, ticular attention to the 4th, 5th, 6th, and 7th clauses of the above instructions, and to 30 Nov.1864 request our opinion.

1. Whether it was competent to the unofficial members of the Legislative Council to resign their offices without the concurrence or permission of the Governor, on behalf of the Crown, and whether, therefore, their offices became vacant on their (so-called) resignation.

2. Whether the Legislative Council of Ceylon is disabled from executing its functions whenever its number is less than the number of 15 provided by the 4th clause of the instructions assuming that the quorum required by Art. 9 of the instructions remains available, and is present during the proceedings.

3. Whether, if the second question is answered in the affirmative, it would be requisite and proper that Her Majesty should make an Order in Council giving retro- spective validity to any Ordinances of the Ceylon Legislative Council which may have been passed now or at any previous time while any seat in the Legislative Council was vacant.

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

Report

1. That we incline to think that the resignations tendered did not create vacancies admit without their acceptance by the Governor, at the same time this question may of so much doubt that we think it expedient to pass an Order in Council such as that suggested.

2. We are not altogether agreed in the answer to this question; it may, however, be sufficient to say that, assuming the resignations of the six unofficial members to have created vacancies, we cannot advise that the legislative function could be safely or prudently carried on, with the official element alone..

3. We have already expressed our opinion on this subject in answer to the first question.

We have, &c. (Signed) ROUNDELL PALMER.

R. P. COLLIER.

The Right Hon. Edward Cardwell, M.P.

&c.

&c.

&c.

• 16278.-$86.

25.-2/86.

PUBLIC RECORD OFFICE

ཟ། ་། །

19

Reference :—

C.O. 885

10

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

PUBLIC RECORD OFFICE, LONDON