CO885-(11-13) — Page 217

2773.

سلبيا

PUBLIC RECORD OFFICE

ग ग 'ग

19

MY LORD,

No. 10.

(NEVIB.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, 11th March 1874. We are honoured with your Lordship's commands, signified in Sir H. Holland's No. 28, 4. letter of the 5th instant, stating that he was directed to transmit to us a copy of a Nevis, Act despatch from the Governor of the Leeward Islands, enclosing, together with other of 1870. correspondence, a case prepared by the Colonial Attorney-General on the subject of a Enclosures double election to the Legislative Assembly of the Island of Nevis.

Sir H. Holland was pleased to request that we would favour your Lordship with our General. opinion as to what answers should be given to the questions asked by the Governor and to the last question submitted in the case prepared by the Attorney General.

In obedience to your Lordship's commands, we have taken these papers into consideration, and have the honour to

Report

That if, as stated in the reply of the House to the Governor's communication, one of their former privileges and customs was that, in case of an equality of votes, the House should declare the former member entitled to the vacant seat, that privilege was reserved to the Legislative Assembly by section three of the Act to simplify the Legislature of Nevis, and was duly exercised by the Assembly in declaring that Mr. Archibald was entitled to the vacant seat.

Most of the records are stated to have been destroyed in a recent fire, but we think that if that said to be extracted from the Journal of the Assembly 1863 be authentic, it furnishes evidence that such a custom, practice, or privilege, as is claimed did exist. The declaration of the practice asserted on that occasion was assented to and acted upon, and though, if the records were not destroyed, further evidence of the practice might reasonably be required, still under the circumstances we think that the entry justifies the assertion of the privilege claimed.

The Attorney-General of the Colony indeed raises the point that the document referred to may not be genuine. It is hardly likely that there can be any doubt on this point, and the doubt, if one exist, can be easily solved.

We have, &c.,

(Signed)

The Right Hon. the Earl of Carnarvon.

JOHN B. KARSLAKE. RICHARD BAGGALLAY.

sent to Attorney

▲ 12916.-11. 25.-12/84.

Reference :-

CO. 885

12 PUBLIC RECORD OFFICE, LONDON

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