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In the meanwhile we think that the draft of a letter to the effect of the one which we append might be forwarded to his Grace, as not unsuitable in our opinion for the purpose if his Grace should be pleased to approve of it.

The Right Hon. Edward Cardwell, M.P.

&c.

&c.

&c.

We have, &c. (Signed)

ROUNDELL PALMER. R. P. COLLIER. ROBERT PHILLIMORE.

3287.

PUBLIC RECORD OFFICE

Reference :--

C.O.

885

SIR,

No. 325A.

(VANCOUVER ISLAND.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, April 6, 1865.

We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 20th of March, stating that he was directed by you to request that we would take into consideration the following circumstances.

A doubt has arisen in Vancouver Island whether the Governor can give his assent to a Bill passed by the Legislative Council and Assembly, after the expiration of the legislative session.

That the present Legislature of Vancouver Island was constituted under Letters Patent of 16th May 1851, being the Commission of the then Governor, now Sir James Douglas, modified in certain respects by other Letters Patent of 8th October 1862. That, on the revocation of these Letters Patent, provisions to the same effect were included in the Commission of the present Governor, Captain Kennedy, of which a copy was enclosed. That that Commission provides for the constitution of a Legis- empowers the lative Council and the convening of a Legislative Assembly, and

peace, &c. Governor, with their consent, to make laws for the

That similar legislative bodies are established in other Colonies, sometimes by Letters Patent, sometimes by Act of Parliament or local law; but neither in the Letters Patent constituting the Council of Vancouver Island, nor (it is believed) in the Instructions establishing any other Colonial Legislature, is any express provision made for limiting the time within which the Governor may assent, on behalf of Her Majesty, to a Bill passed by the Legislature.

That in some small Colonies legislation is effected, not by a single annual session, but by summoning the Legislature pro re nata as laws are wanted.

Sir Frederic Rogers was further pleased to state that, under these circumstances, you desired to be informed whether in Vancouver Island, and other Colonies Bill passed possessing representative Legislatures, the assent of the Governor to any

by such a Legislature must, in the absence of any express legislative provision, be given before the expiration of the session within which such Bill was passed; and, in case this necessity does not exist, whether there is any limit, and, if so, what limit, to the period within which such assent must be given ?

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

Report

That we do not think it is necessary that the assent of the Governor to any Bill passed by such a Legislature, as is supposed by the question, should be given before the expiration of the session within which such Bill was passed. If, indeed, it were provided by the constitution of any such Legislature that the law and custom of the British Parliament should, as far as practicable, be observed therein, the point might admit of more question; but we conceive it to be certain that when Bills passed by such Colonial Legislatures are reserved for the signification of Her Majesty's pleasure thereon, the Royal Assent need not be given, and generally is not given, during the session in which the Bill is passed; so that the usage in such cases is generally different from that of the British Parliament.

We are not aware of any limit within which the Governor's assent must necessarily be given to a law passed by such a Colonial Legislature, and not revoked or altered by any subsequent legislation.

The Right Hon. Edward Cardwell, M.P.,

&c.

&c.

&c.

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

R. P. COLLIER

་

A 32950.-2. 25,-1-88.

10 PUBLIC RECORD OFFICE, LONDON

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