CO885-(11-13) — Page 249

PUBLIC RECORD OFFICE

Reference :-

TILTICO. 885

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12 PUBLIC RECORD OFFICE, LONDON

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

2

And after the words " upon which such vessel" the words " cargo, goods, or effects, or any part of the cargo, goods, or effects which may have been on board such "vessel at the time of her seizure, and whether the same, or any part thereof, shall

have been transhipped or not shall be," should be read for the word " is."

"

And after the words "and cargo" in both places the words " goods or effects " should also be added.

Provision might properly be made against there being several trials in different places upon the same charge against the ship herself, and the cargo, goods, or effects, or part of the cargo, goods, or effects found in the ship.

The Right Hon. the Earl of Carnarvon.

&c.

&c.

1

&c.

We have, &c., (Signed)

}

RICHARD BAGGALLAY, JOHN HOLKER.

J. PARKER DEANE.

M

10,562.

MY LORD,

No. 38.

(GIBRALTAR.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, 8th September 1874. We are honoured with your Lordship's commands, signified in Mr. Herbert's letter of the 19th August instant, stating that he was directed to invite our opinion on the validity and effect of certain Letters Patent which were passed under the Great Seal on the 15th November 1873, revoking other Letters Patent of Her Majesty's bearing date the 21st of August 1842, constituting the bishopric of Gibraltar.

2. That a copy of the Letters Patent of August 1842 would be found at page 17 of Colonial the enclosed Parliamentary paper, and it would be observed on a perusal of them that, Bishoprice, after constituting the church of the "Holy Trinity" at Gibraltar a cathedral church, 476 of 1866. II.C. Paper erecting the town of Gibraltar into a city, declaring the whole territory of Gibraltar a Bishop's diocese, and providing for the consecration of the first bishop, they willed and ordained that the Bishop of Gibraltar and his successors should be a body corporate and a perpetual corporation, and have a perpetual succession under the title of "The

Lord Bishop of Gibraltar."、

3. That the See of Gibraltar thus constituted was filled in succession by the Rev. Dr. Tomlinson, the Rev. Dr. Trowel, and the Rev. Dr. Harris, and on the 15th of November last, it being then vacant by the resignation of Dr. Harris, Letters Patent Letters were passed under the Great Seal, of which a copy was enclosed, and on which our Patent, opinion was desired, purporting to revoke and determine the Letters Patent of 1842, 15 Nov.1873. except in so far as they ordained that the town of Gibraltar should thenceforth be a city, and be called "The City of Gibraltar."

4. That about the same time (viz., December 5th 1873,) a mandate was passed under Mandate.

the Royal Sign Manual and Signet, empowering the Archbishop of Canterbury to 5 Dec. 1873. consecrate the Rev. Charles Waldegrave Sandford to be a bishop, to the intent that he should exercise his functions in one or more of the Queen's possessions abroad, and should exercise in respect of the members of the Church of England upon the continent of Europe, the Court of Morocco, the Canary Islands, and the Islands of the Greek Archipelago, and the Mediterranean the same powers as were formerly exercised by the Bishop of London and afterwards by the Bishop of Gibraltar.

5. That the Rev. Dr. Sandford was duly consecrated a bishop under this mandate, but he now desired to revert to the enjoyment of the status of " Bishop of Gibraltar as possessed by Dr. Harris and his predecessors, and that he had sought, through his solicitors, the advice of Dr. Tristram, Q.C., whose opinion was enclosed.

6. That it would be seen that Dr. Tristram argued in effect that a corporation sole Further could only be extinguished by a legislative instrument, that the mode of legislation for opinion. Gibraltar was by Order in Council or Ordinance, and that the instrument of the 15th November 1873 not being an Order in Council, and consequently not a legislative instrument, was ineffectual to dissolve the corporation constituted by Letters Patent of 1842, which would therefore be now merely in abeyance and capable of being revived in the person of Dr. Sandford or any other clergyman whom the Queen might be pleased to select.

7. That the question as to the proper mode of revoking Letters Patent constituting Colonial Bishoprics was submitted to the Attorney and Solicitor General in Her Majesty's late Administration, and in two reports dated the 12th of April and 20th September Sir J. D. Coleridge and Sir George Jessel reported their opinion Report of (differing from that now given by Dr. Tristram) that such Letters Patent might be 12 Apr. 1872 revoked either by Order in Council or by other Letters Patent.

Report of 20 Sep. 1872.

8. That copies of those opinions, as well as copies of the papers which accompanied Draft Bill. the references from the Colonial Office of the 6th of April and 12th September 1872, Patent,

Draft Letters were enclosed.

Hong Kong, 9. And that, as bearing upon the question, Mr. Herbert was to refer us to the case of Copy here- Jephson v. Ricsa (reported 3 Knapp, p. 130), on the one hand, and to the second clause with. of the commission of the Governors of Gibraltar on the other, which, aftor authorising commission.

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Governor's

▲ 12916-38. 25.-12/84.