CO885-(11-13) — Page 302

MY LORD,

No. 79.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, 1st November 1875. We are honoured with your Lordship's commands, signified in Mr. Herbert's letter of the 20th October ultimo, stating that he was directed by your Lordship to transmit to us copies of two despatches from the Governor-General of Canada, dated the 7th and 8th April last, in the first of which was transmitted a notice of certain resolutions proposed to be moved in the House of Commons of the Dominion, and in the second of which was enclosed a report of a Committee of the Privy Council, both on the subject of the responsibility of the Dominion Ministers in respect of the allow- ance or disallowance by the Governor-General of Acts passed by the Legislatures of the several Provinces composing the Dominion of Canada.

2. That Mr. Herbert was further to transmit to us copies of the letter from the Privy Council Office and of the despatch of the Secretary of State which are quoted in the above-mentioned resolutions.

3. And Mr. Herbert was to request that after considering these papers we would favour your Lordship with our opinion whether the legal effect of the British North America Act, 1867" (30 Vict. c. 3.), and more particularly of section 90 thereof, is to vest in the "* Governor-General" alone, or in the " Governor-General in Council," (as respectively defined in sections 10 and 13 of the said Act,) the duty and power of assenting to or disallowing provincial Acts.

4. That Mr. Herbert was to call our attention to the opinion given by our pre- decessors on this subject in their letter to the Earl of Kimberley, dated 24th June 1873, on which his Lordship's despatch of the 30th of that month was based.

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

Report

That in our opinion the legal effect of the British North America Act, 1867, is to vest in the Governor-General in Council the duty and power of assenting to or disallowing provincial Acts.

We have, &c.,

(Signed)

&c.

The Right Hon. the Earl of Carnarvon,

&c.

&c.

RICHARD BAGGALLAY. JOHN HOLKER.

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▲ 12916-79. 25.-12/64,

C

PUBLIC RECORD OFFICE

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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