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No. 53. (NEWFOUNDLAND.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, January 21, 1881. MY LORD DUKI,

We were honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 22nd November last, in which he stated that he was directed by your Grace to request that we would favour you with our opinion on the following question, and that

We should perceive by the annexed papers that a question had arisen in the Colony of Newfoundland whether the Assistant Judge, Mr. Robinson, whose salary is reserved to him in sterling should receive payment in dollars at the rate of 48. 4d. or of 48. 2d. a dollar, and that on this question he was desirous of obtaining the decision of the Supreme Court of the Colony, and a special case had accordingly been referred for the opinion of that Court in which the Assistant Judge was plaintiff, and the Receiver General defendant, that

The Court, however, refused to entertain the question until the pleasure of the Crown was expressed upon it, and on this Mr. Robinson had presented a petition in the nature apparently of a Petition of Right praying redress, which petition requires to be endorsed in the proper manner by or on behalf of the Crown-“ Let right be done."

That the Attorney General of the Colony was of opinion that this endorsement should be made by the Queen and not by the Governor acting on Her behalf, and the matter was referred in this stage for the consideration of the Home Government.

Sir Frederic Rogers was pleased to say that he was to request that we would inform your Grace "whether the proposed course will be effectual for its purpose"?

"Whether the endorsement should be signed by the Queen or by the Governor" ? and generally “what course Her Majesty should be advised to take in the matter"?

Sir Frederic Rogers was pleased to add that the Home Government did not consider themselves bound to enter into the merits of the question as between Mr. Robinson and the local government, or to incur any responsibility in respect to it, but only desired as far as they could to facilitate its proper decision.

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

Report

That in our opinion the prerogative right of endorsing Mr. Robinson's Petition of Right in the usual form remains in the Crown only, unless in the commission of the Governor of Newfoundland express words occur to vest it in him as the local repre- sentative of Her Majesty.

As the question raised for decision appears to be a perfectly fair question, we should recommend that Her Majesty be advised to endorse the petition in the usual manner, provided the petition (which is not before us) is in its form and state- ments unobjectionable, and provided the Commission of the Governor does not give him an express authority.

We have, &c. (Signed)

His Grace the Duke of Newcastle, K.G.,

&o.

&c.

&c.

RICHARD BETHELL. WILLIAM ATHERTON.

o 16978.-598.

25.-8/80.