CO885-(11-13) — Page 100

1265.

10. That with reference to the second objection he was to transmit to us a copy of the Law No. 1 of 1864, by which the salaries of certain officers specified in the schedule to the Charter of 1856 were increased, and to suggest that the effect of the new charter was only to fix a new minimum of salary to be received by the officers specified therein, and that there is nothing in the supplementary charter to prevent the Legislature from either repealing the law of 1864, or continuing the increase of salaries under the law should they consider the minimum secured by the new charter insufficient.

11. That the point raised by the Colonial Attorney-General in his report as to the salaries of the judges does not, it is apprehended, affect the question of the validity of the charter, as the same amount is secured to them as was secured by the Charter of 1856 and two local laws before the Charter of 1872. It is true that the amount was fixed in one gross sum, but the distribution would be effected according to the local laws. The working of paragraph 28 of the Despatch of the 20th May was not strictly correct, and thus led to a misapprehension of what was intended. But this was corrected by the Despatch of the 22nd October.

12. Mr. Holland added that in these circumstances he was to request that we would advise your Lordship upon the following questions :-

Firstly. Whether we see any reason to qualify our opinion in favour of the validity

of the supplementary charter.

Secondly.-Assuming the supplementary charter to be valid what would be the proper mode of proceeding in case your Lordship should think it advisable to with- draw it in compliance with the prayer of the Legislative Council?

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

Report,

That we are of opinion that the objections raised in the Colony to the validity of the new charter are not well founded. It is to be observed that as the original charter was subject to a power of revocation it is not accurate to assume that the power of legislation was thereby conferred absolutely; it was merely conferred during pleasure, i.e., till revoked, and therefore there is no legal ground for requiring either the assent of the people of the Colony or an Act of the Imperial Legislature to take it away.

With reference to the other objections we consider the reasonings paragraphs 10 and 11 of Mr. Holland's letter of the 8th instant correct. We see no reason to qualify our opinion in favour of the validity of the supplementary charter. If your Lordship should think it advisable to withdraw it the proper proceeding would be to revoke it under the power reserved for that purpose; of course taking care to insert a fresh power of revocation or amendment in the revoking charter.

We have, &c.

The Right Hon. Earl Kimberley.

&c.

&c.

&c.

(Signed)

J. D. COLERIDGE.

G. JESSEL.

No. 795.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

WE are honoured with your Lordship's commands signified in Mr. Holland's

Temple, February 12, 1873. letter of the 11th instant, stating that with reference to the Report furnished by us on the 29th November respecting an Act passed by the Legislature of New Brunswick in May 1871 relating to common schools, he was directed by your Lordship to transmit to us a copy of a further Despatch from the Governor-General of Canada, forwarding a Memorandum of the Executive Council of New Brunswick on the Resolution adopted by the House of Commons of the Dominion on the 30th May last.

And that he was to request us to take the document into consideration and inform your Lordship whether we saw any reason to change the opinion expressed in our .Report of the 29th November.*

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

Report

That we see no reason to alter or modify the opinion which we have already submitted to your Lordship on this subject.

The Right Hon. the Earl of Kimberley,

&c.

&c.

• 10278--871.

&c.

25.-5/86.

• No. 787.

We have, &o. (Signed)

J. D. COLERIDGE. G. JESSEL.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

11 PUBLIC RECORD OFFICE, LONDON

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