CO885-(11-13) — Page 109

2822.

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No. 803. (JAMAICA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

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

Temple, March 25th, 1873. letter of the 22nd instant, stating that he was directed by your Lordship to transmit to us a copy of a Despatch from the Governor of Jamaica, enclosing a report from the local Attorney-General in which, with reference to a proposed consolidation of the local Customs Laws, he raised the question whether, upon the true construction of the 15th section of the Imperial Act 20 & 21 Vict. c. 62, it was competent for the local Legislature to exclude the operation of so much of the Imperial Customs Consolidation Acts as were locally in force by making provision on the subjects which those Acts regulated.

And that it would appear to have been the intention of the Imperial Legislature to allow a Colonial Legislature to deal with these subjects, and that in such case the Imperial Customs Act should, so far as such Colonial Legislature extended, cease to have any effect in the Colony, but that he (Mr. Holland) was to request that we would inform your Lordship what is, in our opinion, the true construction of the section in question.

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

Report

That we are of opinion that according to the true construction of the section in question, it is competent for the Local Legislature to exclude the operation of so much of the Imperial Customs Consolidation Acts as are locally in force by making provision on the subjects which those Acts now regulate, and that the intention of the Legislature as expressed by the section above referred to is exactly such as is stated in that behalf in Mr. Holland's letter.

The Right Hon. the Earl of Kimberley.

We have, &c.

(Signed)

J. D. COLERIDGE. G. JESSEL.

U 16276.-896. 25.-5/86.

PUBLIC RECORD OFFICE

T

C.O. 885

Reference :-

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PUBLIC RECORD OFFICE, LONDON

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