CO885-(11-13) — Page 226

5510.

SIR,

No. 16a.

(GENERAL-JAMAICA.)

TREASURY to COLONIAL OFFICE.

Treasury Chambers, 28th April 1874.

I AM directed by the Lords Commissioners of Her Majesty's Treasury to transmit to you herewith a letter from the Colonial Office and its enclosures relating to an application from Mr. Edward John Eyre for the grant of a pension under the Colonial Governors (Pensions) Act, 1865, (28 & 29 Vict. cap. 113), and I am to request that you will submit a case to the Attorney and Solicitor General for their opinion-

(1.) Whether during the time during which Mr. Eyre remained in the Island of Jamaica in receipt of a salary of 5,000l. a year after the date of the proclamation of the Queen's Letters Patent, dated the 15th of December 1865, appointing Sir Henry Storks to be Governor-in-Chief of Jamaica, he can be held to have been "administering the Government of the Colony" of Jamaica, with reference to the provisions of the 2nd and 12th sections of the Act in question;

(2.) Whether during the period of 14 months from February 1862 to June 1863, when Mr. Eyre was administering the Government of the Colony of Jamacia, in which the salary of the Governor is not less than 5,000l., but was in fact only receiving half of the salary, viz. 2,500., he can be deemed to have been "administering the Govern- ment of a Colony in which the salary of the Governor is not less than 5,000l."

The Solicitor.

I am, &c., (Signed) R. R. W. LINGEN.

PUBLIC RECORD OFFICE

TH

CO.

Reference :-

885

OPINION OF LAW OFFICERS.

As to the first of the questions submitted to us, we are of opinion that inasmuch as by the terms of the commission of Sir Henry Storkes (dated the 15th day of December 1865), the commission previously held by Governor Eyre was revoked, and Sir Henry Storkes was fully and completely appointed to the office of Governor-General of Jamaica, Governor Eyre, though he continued for some time in receipt of a salary after the rate of 5,000l. a year, in consideration of services rendered by him, (and which salary was after the same rate as that previously received by him as Governor,) cannot be considered as having administered the Government of the Colony during such period within the intent and meaning of the statute 28 & 29 Vict. c. 113.

As to the second question, we are of opinion that it was the intention of the Legislature to fix the amount of the full rate of pension, not so much by reference to the amount of salary actually received by those who had administered the Govern- ment as by the importance of the duties discharged by them; and that if the addition of the 14 months during which Governor Eyre administered the Government of the Colony, though at the smaller salary of 2,500l. per annum, would have sufficed to make up his full four years of service, it would have been competent for him to include such 14 months in his period of service.

We have, &c., (Signed)

Lincoln's Inn,

RICHARD BAGGALLAY. JOHN HOLKER,

9th May 1874.

▲ 15997.-1. 35,-2/83. G. 38. E. & S.

12 PUBLIC RECORD OFFICE, LONDON

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

}

4882.