CO885-(10-11) — Page 688

279.

PUBLIC RECORD OFFICE

mmimu

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 547.

(GAMBIA.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, January 9, 1869.

We are honoured with your commands, signified to us in Sir F. R. Sandford's letter of the 23rd December last, stating

1. That he was directed by your Lordship to transmit to us copies of a Despatch of No. 35. the 18th November from the Administrator of the Gambia, and of an Ordinance intituled "An Ordinance to confirm certain Ordinances" which was framed by the Legislative Council of the Gambia Settlement, and also extracts from a letter of Mr. Chalmers, the chief magistrate, relating to this Ordinance, and to request that we would favour you with our opinion upon the following case, viz. :—

2. That the Legislative Council of the Gambia Settlement was constituted (under the Act 6 Vict. c. 13.) by the 8th section of the Royal Commission of the 19th February 1866, and by the 9th section of the same Commission powers of legislation were delegated to such Council, and that a copy of this Commission was annexed for reference.

3. That by the 21st section of the Royal Instructions of the 20th February 1866 to Governor Blackall, it is settled what persons are to constitute the Legislative Council, and by section 22 it is provided that such Legislative Council shall not be competent to aot unless two members at the least, in addition to the Governor-in-Chief or the Administrator of the Government for the time being, or the presiding member be present, and that a copy of these instructions was annexed for reference, as also a copy of the Commission and instructions issued to Governor Kennedy in 1868.

4. That it appears, on grounds disclosed in the annexed extract from a Despatch addressed by the Duke of Buckingham and Chandos to the Governor of the West Africa Settlements, that during a certain period in the year 1866 the meetings of the Legislative Council were irregularly constituted, and that there was not a legal quorum present, and that upon this being brought to the notice of the Secretary of State; the Administrator of the Gambia Settlement was instructed "to procure the passing of an "Ordinance re-enacting all Ordinances passed since the reconstitution of the Legis- "lative Council in 1866, and giving them validity retrospectively."

5. That in pursuance of these instructions, the Ordinance before referred to in the first paragraph of the said letter, was passed and transmitted in the Administrator's Despatch of the 16th November.

6. That, as would have been seen, Mr. Chalmers raised a question as to the validity of this Ordinance, and as several important measures were framed by the Legislative Council when improperly constituted, it was desirable that all doubts upon this point should be set at rest.

7. That we are requested, therefore, to favour your Lordship with our opinion upon the following questions

Ordinance

1. Whether the present Legislative Council have power to pass an

validating retrospectively prior Ordinances passed in 1866 by the Legislative Council, which was irregularly constituted.

2. Whether, if the Council had such power, the Ordinance now under consideration and if any what, any, is sufficient to effect the desired object, or whether alterations in it are necessary.

And 3rdly. Assuming that the Legislative Council have not the power to pass such an Ordinance, what steps should be taken by Order in Council, Imperial legis- lation, or otherwise, to validate the Ordinances passed by the Legislative Council of 1866, when irregularly constituted.

Sir F. R. Sandford further stated upon this point he was directed to call our atten- tion to the provisions of the Imperial Act, 6 & 7 Vict. c. 13., and to reports of former Law Officers in 1862 and 1865 in cases much resembling the present case.

In obedience to your Lordship's commands, we have taken the questions submitted to us into our consideration, and have the honour to

0 16978.139.

25.---5/86.

2

Report

That as the power of the Legislative Council to pass such an Ordinance as thai referred to in the first question is, to say the least, open to doubt, we advise an Order in Council which, under the provisions of the 6 & 7 Vict. o. 13., would sufficient.

The Right Hon. the Earl Granville, &o.

&o.

&c.

appear to be

We have, &c.

(Signed)

B. P. COLLIER.

J. D. COLERIDGE