CO885-(11-13) — Page 239

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respecting "all such jurisdiction as aforesaid,”- —a phrase, it was apprehended, referring to the jurisdiction treated of in the recitals and the preceding section; that was juris- diction in its limited or forensic sense, and such as falls within the province of the Judicial Assessor to exercise; and that it was apprehended that it did not extend to authorise the Legislature to make laws for the collection of the revenue, and other matters of police and civil government falling under a different branch of Her Majesty's jurisdiction.

11. That, moreover, it had been questioned whether, looking to the terms of the Charter of February 1866, by which the constitution and powers of the present local Legislature were determined, any delegation of Her Majesty's powers in that matter had been made to the Administrator and existing Legislative Council.

12. That with a view, then, to remove doubts as to the exercise of that authority by the local Legislature of the new Gold Coast Colony, the annexed Order had been framed; and he, Sir Henry, was to request that we would take it into our consideration, and advise your Lordship upon the following questions:

(1.) Whether any Order is necessary beyond that of the 4th of April 1856, to enable the Legislature of the Gold Coast Colony to legislate for the neighbouring territories wherein Her Majesty has power and jurisdiction by treaty, &c., as provided by the Foreign Jurisdiction Act.

(2.) Whether, if such Order is requisite, the enclosed draft Order is, with or without

modifications, sufficient for the purpose.

13. That, should any modifications be necessary, he, Sir Henry, was to request that we would be good enough to insert them in the draft Order.

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

Report

1. That the Order in Council of April 4th, 1856, delegates to the Governor and Council of the Gold Coast power to make regulations respecting the Queen's jurisdic- tion in "all civil or criminal matters and questions" only that arise within the protected territory. In order to confer on the Legislative Council of the new Settlement of the Gold Coast and Lagos combined, power to make regulations respecting the whole of the Queen's jurisdiction, including Her Majesty's administrative and executive powers, a fresh Order in Council is necessary. 2. We think that the enclosed draft Order is, without modification, sufficient for the

purpose.

We have, &c.,

RICHARD BAGGALLAY. JOHN HOLKER.

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

(Signed)

7137.

MY LORD,

No. 29.

(NATAL.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, 24th June 1874. We were honoured with your Lordship's commands, signified in Sir Henry Holland's letter of the 12th instant, stating that he was directed by your Lordship to

总医

transmit to us a copy of an Act passed by the Legislature of Natal, "To indemnify No. 19 of

certain persons with regard to acts done during the existence of martial law, and for 1873. the suppression of rebellion, in certain parts of the Colony of Natal," together with the report upon it of the Colonial Attorney-General.

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That he, Sir Henry, was to enclose, for our information, copies of the opinions of

the Law Officers of the Crown in 1866 and 1867 in the cases of the Indemnity Acts 8 June 1866. passed in Jamaica and New Zealand, with copies of the Acts referred to in them, and 30 Apr. 1867. that he was to request that we would favour your Lordship with our opinion whether Her Majesty may properly be advised to allow this Act to remain in operation, or whether any, and, if any, what amendments should be required.

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

Report

That the language of the Act is not very happily chosen, and some of its provisions are involved and somewhat obscure.

If, however, the Act is carefully considered, we think it will be found that it has been framed upon precedents which have been approved, and that the effect of it is only to protect and indemnify those who have acted in good faith in quelling rebellion and restoring public peace.

We are, therefore, of opinion that Her Majesty may properly be advised to allow the Act to remain in operation.

We have, &c.,

(Signed)

&c.

The Right Hon. the Earl of Carnarvon,

&c.

RICHARD BAGGALLAY. JOHN HOLKER.

&c.

▲ 12916.-30. 25.-12/84.

PUBLIC RECORD OFFICE

N

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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

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