CO885-(10-11) — Page 444

10631.

SIB,

No. 364.

(VICTORIA.)

LAW OFFICERS to-COLONIAL OFFICE.

Lincoln's Inn, October 31, 1865.

We are honoured with your commands, signified in Sir Frederic Rogers' letter of the 5th inst., stating that he was directed by you to request us to take into our considera- tion the Act enclosed which has been passed by the Legislature of Victoria, entitled No. 241, "An Act to consolidate the law relating to the protection and recovery of Crown property, and the enforcement of claims against the Crown.'

"

Sir Frederic Rogers was also pleased to state that it would be observed that the first part of this Act renders the enforcement of Crown debts dependent on the action of the Colonial Law officers, who take their instructions not from the Home Government, but from the responsible Ministers in the Colony.

Sir Frederic Rogers was also pleased to state, that you would be glad to be furnished with our opinion whether this provision may not interfere with the due enforcement of Imperial claims in the Colony.

Sir Frederic Rogers was further pleased to state that we should not fail to observe that the first part of the Act is not, like the second part, limited in its application to transactions of the Local Government.

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

Report

That we are disposed to think that it is, in general, desirable that the power of instituting process for the recovery of Crown debts in Colonies should not be altogether confined to the Colonial Lay officers; but we fear that, as far as the Colony of Victoria is concerned, this objection comes too late; for the Act, to which Sir F. Rogers' letter refers, does little more than re-enact and consolidate the provisions on the subject of Crown debts contained in the Act 22 Vict. No. 86.

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

&c.

&c.

&c.

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

R. P. COLLIER.

o 16278-489.

25.-2/66.

PUBLIC RECORD OFFICE

C.O. 8

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· 885

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