CO885-(11-13) — Page 281

9

No. 59.

(MALTA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Lincoln's Inn, 7th May 1875. We are honoured with your Lordship's commands, signified in Sir Julian Pauncefote's letter of the 2nd April ultimo, stating that he was directed by your Lordship to acknowledge the receipt of our letter of the 22nd March ultimo, in which we suggested that the best mode of dealing with the question which had arisen out of the practice prevailing in Malta of clearing consignments of goods in small quantities in order to avoid the payment of the duty on gold would be to frame a Bill enacting simply that no fractions of entire consignments should be cleared through the Custom House on which the duty payable should not exceed 40s.

Sir Julian Pauncefote was to state that your Lordship is desirous not to disturb the long-established practice of clearing these small fractions of consignments if it can be continued on such conditions as will put a stop to the evil complained of, and that your Lordship would therefore be glad to have the benefit of our opinion as to whether a proviso in such a Bill as we suggested, whereby power would be reserved to grant special permits to clear fractions whereon the duty is less than 40s. on condition that the duty be paid in gold so far as may be practicable, would be repugnant to the Orders in Council of 1850 and 1855.

Sent to the

Sir Julian Pauncefote stated that your Lordship is unable to furnish us with the Attorney- text of the Bill in which it was proposed to insert such a proviso as it has not yet been General. prepared, owing to the point now under consideration having been raised by the Crown Advocate of Malta; but Sir Julian Pauncefote was to enclose a copy of a despatch No. 7, which was addressed to the Governor of Malta as to the frame of the proposed Bill, 13 Jan. 1875. which Sir Julian Pauncefote stated that your Lordship hopes will, in conjunction with this letter, be sufficient to indicate exactly the point upon which your Lordship desires to be favoured with our opinion.

In obedience to your Lordship's commands we have take these papers into conside- ration, and have the honour to

Report

That the proviso suggested in Sir Julian Pauncefote's letter of the 2nd April ultimo is not, in our opinion, repugnant to the Orders in Council of 1850 and 1855, but that, in order to prevent any question of repugnancy being raised, we suggest that the power reserved by the proviso should be to permit the clearance of fractions of entire consignments on which the duty payable should not exceed the sum of 101. (if this be the limit fixed) upon such terms and conditions as shall be from time to time pre- scribed by the Custom authorities.

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

We have, &c.,

(Signed)

RICHARD BAGGALLAY. JOHN HOLKER.

A 12916.-58. 25-12/84.

PUBLIC RECORD

OFFICE

CO.

Reference :---

885

12 PUBLIC RECORD OFFICE, LONDON

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

5131.