CO885-(10-11) — Page 616

Salar

42.

C

No. 488.

(BRITISH COLUMBIA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD DUKE,

Temple, December 31, 1867. We are honoured with your Grace's commanda, signified in Sir Frederic Rogers' letter of the 22nd day of November ultimo, stating that he was directed by your Grace to transmit to us a copy of an Ordinance passed by the Legislature of British No. 29 of Columbia, entitled "An Ordinance respecting harbour and tonnage dues, and to 1887.

regulate the licences on the vessels engaged in the coasting and inland navigation

trade," and to call attention to the provisions of section 5, by which the Governor

in Council is authorised under special circumstances to license foreign bottoms for the coasting trade of British Columbia.

And that he was also directed to call our attention to sections 163, 190, and 328 of the Customs Consolidated Act, 16 & 17 Vict. c. 107, and also to section 15 of 20 & 21 Viot. c. 62. and to request that we would favour your Grace with our opinion whether the Colonial Legislature have power under section 15 of the last-mentioned Act to admit by local Ordinance foreign bottoms to the coasting trade, or whether it is necessary for them to proceed in the manner pointed out by section 328 of the former Act, and whether this part of the Ordinance is or is not repugnant to the 18 Nov. Imperial Act.

1867.

Sir Frederic Rogers was pleased, further, to state that the Ordinance had been 13 Nov. under the consideration of the Board of Trade, and that it would be seen from the 1837. letter, of which a copy was enclosed, that they entertain considerable doubts as to the legal effect of those several clauses.

Sir Frederic Rogers was also pleased to transmit to us the copy of another letter ately received from the Board of Trade, and to request that we would inform your Grace whether we perceive any objection to the proposed repeal of the 163rd and 328th clauses of 18 & 17 Vict. c. 107.

In obedience to your Grace's commands, we have considered the questions submitted to us, and have the honour to

Report

That in our opinion the Colonial Legislature have not power under section 15 of the 20 & 21 Vict. c. 62. to admit by local Ordinance foreign bottoms to the colonial coasting trade, and that this part of the Ordinance is repugnant to the Imperial Act; we think that the Colonial Legislature should proceed in the manner pointed out by section 328 of the Imperial Act. Section 15, is, no doubt, extremely ambiguous; but, we think, having regard to the preamble and apparent object of the section, that the interpretation we have put upon it is the correct one.

There appear to be grounds of policy rendering it expedient to repeal sections 163 and 328 of the Act 16 & 17 Vict. c. 107., and we see no objection in point of law to such repeal.

Wo have, &c. (Signed) JOHN B. KARSLAKE.

C. J. SELWYN.

His Grace the Duke of Buckingham and Chandos. &c.

&c.

&c.

Q 16976.-907.

95,-5/06.

‛། ༢། ༈

MIC.O. 885

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