CO885-(11-13) — Page 230

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PUBLIC RECORD OFFICE

| 9

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

2

9. The question upon which your Lordship desires our joint opinion is- Whether, looking to the provisions of the Imperial Act 6 & 7 Vict. c. 13., and to the powers reserved to Her Majesty by the 23rd section of the Charter of 19th February 1866, Her Majesty may, by Letters Patent, separate the Settlements on the Gold Coast and Lagos from the general Government established by that Charter, and unite them into one Colony, and, abolishing the existing Legislative Councils at Gold Coast and Lagos, reconstitute one Legislative Council for the new Colony, and delegate to it power to legislate for that Colony, or whether it will be necessary to resort to Imperial legislation for that purpose.

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

Report

That we are of opinion that, under the provisions of 6 & 7 Vict. c. 13., it was com- petent to Her Majesty to grant a Charter containing a clause enabling Her to revoke the same, wholly or in part; and as the Charter of February 19th, 1866, does contain a clause giving power to Her Majesty of revocation, alteration, or amendment, we think it clear that without legislation she may, by a fresh charter, separate the Settle- ments of Gold Coast and Lagos, and reconstitute their Legislative Councils in the manner suggested.

The Right Hon. the Earl of Carnarvon,

&c. &c.

&c.

We have, &c., (Signed) RICHARD BAGGALLAY.

JOHN HOLKER.

5394.

No. 20.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Lincoln's Inn, 11th May 1874. We are honoured with your Lordship's commands, signified in Sir H. Holland's letter of the 29th April ultimo, stating that he was directed by your Lordship to transmit to us a copy of a private note received by your Lordship from the Governor- 26 Mar.1874. General of Canada, enclosing a memorandum submitted to the Governor-General in Memo. regard to the question of the legality of his position as Visitor of the McGill University in Montreal.

As bearing upon the points raised in this memorandum, Sir Henry said he was to refer us to the British North America Act, 1867 (30 Vict. c. 3), and to the Queen's Commission. Commission and instructions to the Governor-General of the Dominion, copies of Instructions which were enclosed for our information. Sir Henry also said he was to add that no copy of the Charter had been transmitted by the Governor-General.

That Sir Henry was to request that we would take the matter into our consideration, and favour your Lordship with our opinion-1st. Whether the Governor-General of Canada is legally Visitor of the McGill University; and 2ndly. If he is not, what steps should be taken by supplemental Charter, Commission, or otherwise to constitute him Visitor.

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

Report

That in our opinion the Governor-General of Canada is legally Visitor of the McGill University.

We have, &c.,

(Signed)

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

RICHARD BAGGALLAY. JOHN HOLKER.

a 19916—21, 23.—19/84,