CO885-(11-13) — Page 213

1575.

PUBLIC RECORD OFFICE

CO.

Reference :-

885

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

12 PUBLIC RECORD OFFICE, LONDON

authorises and requires them to do so. For the reasons above stated we recommend that no directions should be given, and that the recital should be struck out of the order.

We observe that the recital of the 19th section of the Mutiny Act in the order follows an old form and not the present enactment. It should be brought into conformity with the present law, and it might be well to add a note reminding the authorities abroad that the Mutiny Act is an annual Act subject to alterations, and that the orders should be brought from time to time into conformity with the changes in the law.

It might also be well to call the attention of the Judge Advocate General to the verbal inaccuracies and confusion which exist in the 19th section of the Mutiny Act, with a view to his consideration whether in the next Mutiny Bill it might not be with advantage recast.

The Right Hon. the Earl of Kimberley,

ac.

&c.

&c.

We have, &c., (Signed)

HENRY JAMES.

W. V. HARCOURT.

No. 6.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE. MY LORD,

Temple, 12th February 1874. We are honoured with your Lordship's commands, signified in Sir Henry Holland's letter of the 5th instant, stating that he was directed by your Lordship to transmit to us copies of a despatch of the 6th of January, from the Governor-General of Canada, enclosing a copy of a Report from the Minister of Justice pointing out an alleged insufficiency in the terms employed in two Orders in Council for bringing into operation two Bills framed by the Dominion Parliament in 1873, and reserved by the Governor-General. Copies of the Canadian Acts and Orders in Council referred to were enclosed for reference.

2. As we are aware, if it is desired that a measure passed by a Colonial parliament should not take effect until it has been approved by the Queen, it can either be reserved as a Bill by the Governor of the Colony for the Queen's assent or it can be passed with a suspending clause providing that it shall not take effect in the Colony until it has been confirmed by Her Majesty in Council, and until such confirmation and approval has been published in the Colony. In the latter case, the Governor assents to the Bill, which thereupon becomes an Act.

The directions given to Governors of Colonies upon this subject will be found in paragraph 8 of the Royal Instructions, copy of which was enclosed for reference.

3. In the former case becomes necessary for the Queen to assent by Order in Council to the Bill, while in the latter case she confirms it specially by Order in Council. Copies of the forms of Orders in Council used in both cases were enclosed for reference.

4. In the cases now under consideration the Bills had suspending clauses, and the Governor-General might therefore have assented to them and transmitted them as Acts for Her Majesty's special confirmation, but, in fact, he reserved them for Her Majesty's assent, and it therefore became necessary for the Queen to assent to them by Order in Council.

5. But the Minister of Justice reports that doubts may arise whether they have in fact arisen does not appear-as to whether the assent of the Queen is a confirmation and approval within the words of the suspending clauses in the Local Acts.

6. It was apprehended that the Queen's assent was a "confirmation and approval " of the Acts within the terms, as it was certainly within the spirit, of the suspending clauses, and that, at all events, to prevent any doubts the Governor might proclaim that the Queen in Council had assented to the Acts and had thereby been pleased to confirm and approve of them.

7. It will be seen that the Minister of Justice suggests that further Orders in Council should be obtained confirming and approving those Acts, but it would appear to be unnecessary, as it certainly would be against all precedent, that the Queen should by additional Order in Council confirm and approve measures to which she has in Council expressly given her assent.

8. He, Sir Henry Holland, was to request that we would take these papers into our consideration, and favour your Lordship with our opinion-

(1.) Whether the doubts suggested by the Minister of Justice have any foundation, or in other words, whether a proclamation announcing that the Queen in Council has assented to the Acts would not be a sufficient compliance with the terms of the suspending clauses.

(2.) Whether, if such proclamation of assent would not be sufficient, the Governor might not issue a proclamation in the form suggested in the sixth paragraph of this case, and whether such proclamation would not be a sufficient compliance with the terms of the suspending clauses.

(3.) Whether the Queen in Council can properly be requested to pass additional Orders confirming and approving measures to which she has already assented in Council.

A 12916.-7. 25.-12.84.