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If a Bill for this purpose is introduced, we think it will be desirable for the same reasons that it should extend to the confirmation of all Colonial Acts or Ordinances which may have been already passed, to give validity to marriages irregularly solemnised, so as to give them as extensive an effect and operation as if they had been originally passed by the Imperial Parliament.

We have, &c.

(Signed)

The Right Hon. Mr. Secretary Cardwell, M.P.,

&c.

&o.

&c.

•

4234.

ROUNDELL PALMER.

R. P. COLLIER. ROBERT PHILLIMORE,

SIR,

PUBLIC RECORD OFFICE

C.O.

Reference :-

·885

10 PUBLIC RECORD OFFICE, LONDON

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

No. 333.

(MAURITIUS.)

LAW OFFICERS to COLONIAL OFFICE,

Lincoln's Inn, May 3, 1865.

We are honoured with your commands, signified in Sir Frederic Rogers' letter

Gov. No.

of the 26th ultimo, stating that he was directed by you to request us to take into con- Mr. Cardwell to sideration the correspondence annexed with the Governor of Mauritius on the subject 100 of the law of the legal tender in that Colony, with more particular reference to the all, No. 244, following points.

1. The Mauritius Paper Currency Ordinance, No. 10 of 1864, section 7, directs the Currency Commissioners to pay all notes on demand "in coins legally current in the Colony under the law existing at the time of such demand, and at the value which "such coins have in terms of such law."

"

2. The Order in Council of October 16th, 1852, which is part of the law now existing for Mauritius, directs that "the coins of Our United Kingdom shall pass current in the **manner directed by the several Acts of Parliament which regulate the currency of the same, and that the silver coins of Our United Kingdom shall not be a legal "tender in payment of sums exceeding 40 shillings."

3. One of the Acts of Parliament which now regulate the currency of the United Kingdom is the 50 Geo. 3. c. 68., intituled "An Act to provide for a new silver coinage "and to regulate the currency of the gold and silver coin of this realm," and this Act provides in its 12th section that "no tender of payment of money made in the silver

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coin of this realm in any sum exceeding the sum of 40 shillinge at any one time

shall be reputed a tender in law and allowed to be a legal tender within the United Kingdom of Great Britain and Ireland."

4. The Procureur General of Mauritius says in his report (par. 9) enclosed in the Governor's Despatch, that by the terms of the Order in Council of the 16th October 1852 there is no extension to Mauritius of the above-quoted part of the Act Geo. 3., the directions extended to Mauritius by the Order being directions as to the manner in which coins are to pass current, not as to the manner in which they are to be legal tender

Sir Frederic Rogers was also pleased to state that he was directed by you to request us to report to you our opinion-

First. Whether the effect of the Order in Council of the 16th October 1852 is to extend to Mauritius or not that part of the Act of Parliament 56 Geo. 3. c. 68. s. 12 which provides as above quoted; and

Secondly. If it has this effect, whether the Mauritius practice of treating each 10s. and 17. note of the Government paper currency as a separate obligation payable in British silver is at variance or not with the provision "at any one time" in the same quotation?

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

Report

1. That we are of opinion that the effect of the Order in Council is to extend to the Mauritius the provisions referred to of the 56 Geo. 3. c. 68. 8. 12.

2. And we are of opinion that on notes beyond the amount of 40 shillings being presented at any one time to the Currency Commissioners of the Mauritius a tender of silver in payment of such notes is not a legal tender.

The Right Hon. Edward Cardwell, M.P.

&c.

&c.

&c.

We have, &c.

(Signed) ROUNDELL PALMER.

R. P. COLLIER.

Gov. to Mr. Cardi

Bept. 5, 1904.

Q 16278.550.

25.-2/86.