CO885-(10-11) — Page 844

11918.

No. 668.

(ST. KITTB.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Temple, November 8, 1870. We are honoured with your Lordship's commands, signified in Mr. Herbert's letter of the 28th ultimo, stating that he was directed by your Lordship to transmit No. 122, to us the copy of a Despatch from the Governor of the Leeward Islands, together with 27 Sept. 1870. copies of the Acts of the Legislature of St. Kitts therein referred to.

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That we would perceive that Mr. Evelyn, Controller of Revenue, had been appointed "nominated" member of the Legislative Assembly under section 3 of the Act. No. 235 of 1867, by which the present constitution was established, but that it had been attempted to deprive him of his seat on the ground that, as Controller of Revenue, he was disqualified under section 12 of Act No. 5 of 1727, and section 3 of Act No. 48 of 1840, which related, not to the existing Legislative Assembly, but to that which it had superseded, and that Mr. Evelyn had been threatened with pro- ceedings for the recovery of the penalty imposed by section 12 of Act No. 5 of 1727, upon disqualified persons who sat and voted as members of the Assembly.

And that he was desired to request that we would favour your Lordship with our opinion whether, adverting to the Acts of which copies were enclosed, there was any objection on the ground of Mr. Evelyn's being Controller of Revenue to his sitting and voting as a "nominated" member of the Legislative Assembly of St. Kitts under the present constitution.

In obedience to your Lordship's commands, we have the honour to

Report

That we think it perfectly clear that Mr. Evelyn's being Controller of Revenue furnishes no ground of objection to his sitting and voting as a "nominated" member

of the Legislative Assembly of St. Kitts under the present constitution.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

We have, &c. (Signed)

R. P. COLLIER. J, D. COLERIDGE.

235 of 1867.

48 of 1840.

3 of 1787.

16278.-935.

25-5/86,

PUBLIC RECORD OFFICE

C.O. 885

Reference :-

11 PUBLIC RECORD OFFICE, LONDON

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