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PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 614.

(NEW SOUTH Wales.)

LAW OFFICERS to COLONIAL OFFICE.

-

Temple, November 20, 1869.

We are honoured with your Lordship's commands, signified to us in Sir Frederic Rogers' letter of the 15th inst., stating,—

1st. That he was directed by your Lordship to transmit to us a copy of a Despatch No. 8, 1 Aug.

from the Governor of New South Wales relative to the custody of the registers of 1869.

births, marriages, &c. belonging to the settlement of Norfolk Island.

2nd. That when British convicts were sent to Norfolk Island it was part of the

Colony of New South Wales, and was in the diocese of Australia.

3rd. That it was transferred to the Colony and the diocese of Tasmania under 6 & ↑ Vict. c. 35. s. 2.

4th. That the clergyman of Norfolk Island, an officer paid by the Imperial Government, from time to time celebrated marriages, registered them, and, it would seem, sent copies of his register to his diocesan.

5th. That when the convict establishment was broken up the chaplain sent his original registers to the Registrar (Episcopal) of Tasmania, who transferred them to Mr. James, the Registrar of Sydney.

6th. That the diocese of Australia was divided into several dioceses by Letters Patent of doubtful legality in 1847; the Bishop of Sydney being, by his Patent, appointed metropolitan of the Australian dioceses, including Tasmania.

7th. That Mr. James, who it appeared had some claim to compensation against the Government of New South Wales on account of the compilation of the New South Wales registers, handed over the Norfolk Island registers with those of New South Wales to some creditors, who were stated to have a lien upon his claim to compensation, and with whom it now is.

8th. That under the foregoing circumstances your Lordship desired Sir F. Rogers to request that we would favour your Lordship with our opinion on the following questions

1. Is the Norfolk Island register to be considered to belong to the Imperial Govern - ment, by whom the salary of the chaplain of Norfolk Island was paid? or

2. To the Colony of Tasmania, of which Norfolk Island formed part when the establishment was broken up? or

3. To the Bishop or Registrar of Tasmania, to whom, or to the latter of whom, the documents were transferred on that breaking up? or

4. To the Government of Norfolk Island as newly constituted by Order in Council, Order in of which a copy is annexed? or

24th June

Council,

5. To the Colony, Bishop, or Registrar of New South Wales in respect to the entries 1856. made while Norfolk Island was part of that Colony?

Sir F. Rogers was also pleased to request that we would inform your Lordship what steps we would recommend for the recovery and proper custody of those documents.

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

Report

That the proper answer to the series of questions put to us by Sir Frederic Rogers may depend upon the provisions of Colonial Acts of Legislature as to registers whether civil or ecclesiastical with which we are not acquainted, nor have we the means of becoming so.

On the transference of Norfolk Island from New South Wales to Tasmania, and on its separation from Tasmania subsequently, it appears to have been provided that all laws, ordinances, and regulations at the time being in force should so continue, subject only to such changes as were necessitated by the change of Government, and it may be that this question is to be determined by some law, ordinance, or regulation as to which we have no information.

16278,—440. 25.-5/86.