CO885-(10-11) — Page 625

2244.

MY LORD DUKE,

No. 494.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, February 29, 1868. We are honoured with your Grace's commands, signified in Mr. Elliot's letter of the 13th of February instant, stating that he was directed by your Grace to transmit to us a copy of a Despatch from the Governor General of Canada, enclosing a report made to him by the Canadian Minister of Justice and Attorney General on a question which has arisen with regard to the application of the 31st section of the Merchant your Grace Shipping Act, 17 & 18 Vict. c. 104., and to request that we would favour with our opinion on the following points in connexion with this case :--

1. Whether since the passing of the British North America Act, 1867, the Governor General of Canada or the Lieutenant-Governor of each province is to be considered as occupying the place of the Commissioners of Customs under section 31 of the Merchant Shipping Act.

2. Whether, if the Governor General is to be considered as occupying that place, he can under section 14 of the British North America Act, 1867, or otherwise, appoint a deputy to perform the duties assigned to him by the Merchant Shipping Act.

3. Whether the amendment suggested by the Governor General in his Despatch will

be sufficient to enable him to appoint such a deputy, and if not, what form of amend- ment would be the best to effect that object.

In obedience to your Grace's commands we have taken this matter into our con- sideration and have the honour to

Report

That we think that since the passing of the British North America Act, 1867, the Lieutenant-Governor of New Brunswick is to be considered as occupying the place of the Commissioners of Customs under section 31 of the Merchant Shipping Act, 1854.

Although Canada, Nova Scotia, and New Brunswick are by section 3 of the Act of last session formed into one dominion under the name of Canada the province of New Brunswick still exists as a province or territory (section 2, Merchant Shipping Act, 1854), and there is a Lieutenant-Governor administering the Government thereof within the 31st section of that Act.

It appears to us that the duty vested in the Lieutenant-Governor before the Act of last session is not by the 12th section thereof transferred to or vested in the Governor of Canada, but even if it were, we think that he might by the authority of Her Majesty under section 14 constitute the Lieutenant-Governor his deputy to perform the powers, authorities, and functions" vested in him under the Merchant Shipping Act within the province of New Brunswick. This course might perhaps be taken, and save any question as to the Lieutenant-Governor's proper authority, but we do not think legislation on the subject necessary.

We have, &c. (Signed) JOHN B. KARSLAKE. WM. BALIOL BRETT.

His Grace the Duke of Buckingham and Chandos,

&c.

&c.

&c.

0 16278.-447. 25,-5/86.

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 885

سسسسسس

11 PUBLIC RECORD OFFICE, LONDON

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