CO885-(10-11) — Page 436

8980.

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PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

PUBLIC RECORD OFFICE, LONDON

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

SIR,

No. 358.

(BERMUDA.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, September 14, 1865. We are honoured with your commands, signified in Mr. Elliot's letter of the 30th ultimo, stating that with reference to his letter of the 22nd July 1864 and to our report of the 8th of August following, on the Bubject of ports at Bermuda, he was directed by you to state that after communication with the Governor of Bermuda you understand that the questions on which the Government of that Colony wish for explicit information are as follow:

Is our report of the 8th of August 1864 to be understood as laying it down absolutely-

1. That after the passing of the 23rd June 1790 the Crown and the Governor, on the part of the Crown, lost the power of establishing ports except within the limits prescribed by that Act, ie., the township of Hamilton and the existing port of St. George's?

2. That the Act of 1861 (No. 14) has implicitly but effectually extended the port of Hamilton beyond the limits of the township, to the limits defined by Sir James Cockburn's proclamation of 1819?

3. That neither the Government nor the Legislature are called upon to compensate the Corporation of Hamilton for any injury to their interests which may have resulted from the proceedings of Governor Cockburn, or from the Act of 1861, or from any future establishment or extension of a port which may hereafter be authorised by law? 4. If so (ie., if our report was intended as laying down the above three positions absolutely), is our opinion on any of the above points altered by any of the considera. tions now brought under our notice by the annexed copy of a letter of the Attorney General of the Colony?

5. If not (ie., if our report was not intended as laying down absolutely the above- mentioned positions), what is our opinion on the above three points?

6. The management of the Colonial Customs was, at the date of the Act of 1790, in the hands of the Imperial Custom House Officers. It has since been transferred in Bermuda, as in other Colonies, to the Colonial Custom House Officers.

7. Has this transfer affected the power given by the first proviso of the 7th clause of the Act of June 1790, to “ His Majesty's Custom House" of authorising importation in places not allowed by the previous part of that clause, or can that power be still exercised by the Colonial Custom House with the requisite approval of the Governor?

8. May the Colonial Custom House exercise that power in cases where (as in the immediate neighbourhood of Hamilton) such exercise will inflict injury on the Hamilton Corporation or others who derive profit from the exclusive provision of the Act?

9. Must the Custom House give a special permission in every special case, or may the Governor or Custom House, by a general rule, authorise importation in a whole class of cases declared to be special?

Mr. Elliot was also pleased to state that he was directed by you to request that we would favour you with answers to the above questions for the satisfaction of the Colonial Government.

Mr. Elliot was further pleased to state that he was directed by you to enclose a copy of his letter of the 22nd July 1864 and its enclosures, together with the Acts of the Berinuda Legislature which accompanied it.

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

Report

1. That we did not give a decided opinion on this subject because, as the case was then stated, it did not appear necessary to do so; on further consideration we are of opinion that the effect of the Act of 23rd June 1790 was, and is, to take from the Crown and the Governor the power of establishing ports beyond the limits prescribed by the Act, so as to authorise the lading or unlading of goods, wares, or merchandise, for exportation or importation (except by special permission in particular cases), else-

• No. 261.

16970.-84. 23.-2/86.