CO885-(10-11) — Page 604

8395.

MY LORD DUKE,

No. 478.

(NEW ZEALAND.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, August 26, 1867. WE are honoured with your Grace's commands, signified in Mr. Elliot's letter of the 17th instant, stating that he was directed by your Grace to transmit to us for our consideration a copy of a Despatch, with its enclosures, from the Governor of New Zealand, relative to the true construction of certain words contained in the 51st section of the New Zealand Company's Act, 9 & 10 Vict. o. ccclxxxii (local and personal), and with reference to the construction suggested by Mr. Prendergast, the local Attorney General, in the two first paragraphs of page three of the printed Memorandum enclosed, he was to request that we would report to your Grace our opinion on the three following points :-

1. Whether the construction to which he has adverted appears to us to be

correct.

2nd. Whether, if correct, it is open to so much doubt as to render it proper that the Imperial Parliament should be called upon to explain it, and

3rd. If this is thought necessary, what form of enactment we would recommend. In obedience to your Grace's commands we have taken this matter into our con- sideration, and have the honour to

Report

1. That in our opinion the construction suggested by Mr. Prendergast, the local Attorney General, in the first two paragraphs of page three of the printed Memo- randum enclosed in Mr. Elliot's letter is correct.

2 and 3. Although the construction of the Act referred to is, in our judgment, reasonably clear, the question is one by which many titles may be affected, and as doubts have been entertained and expressed, we think it advisable that a declaratory Aot should be passed by the Imperial Parliament, in order to quiet such doubts.

We have, &c.

(Signed) JOHN B. KARSLAKE. His Grace the Duke of Buckingham and Chandos, C. J. SELWYN,

&o.

&c.

&c.

14978.—649. 25.----5/06.

RECORD OFFICE

Reference :--

LHC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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