CO885-(11-13) — Page 306

14,003.

THI

PUBLIC RECORD OFFICE

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CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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

MY LORD,

No. 83.

(BARBADOS.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, 28th December 1875. We were honoured with your Lordship's commands, signified in Sir Julian Pauncefoto's letter of the 15th of December instant, stating that he was directed by your Lordship to request that we would favour your Lordship with our opinion on a question which has arisen in connection with a disputed election in the Colony of Barbadoes.

2. That the constitution of that Colony is founded on the old West Indian model, consisting of the Governor, the Council, and the House of Assembly.

3. That as far back as the year 1696 an Act was passed by the Legislature of No. 13 of Barbadoes, which, after reciting "the undoubted right of the House of Commons in 1696.

England to decide all controverted elections," proceeds to declare the right and privilege of the General Assembly of the Colony "of judging and determining of the truth and legality of the election of any member where there shall be any dispute or controversy of the same."

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4. That by a more recent Act of the Colonial Legislature, No. 134 of 1810, provision No. 131 of

is made, among other things, for the trial of controverted elections, and by section 39 1840.

petition for that purpose shall be duly lodged with the Clerk of the Assembly." That certain formalities are prescribed by the Act as regards the contents of the petition, the times within which it must be lodged; and the Speaker of the House of Assembly is required," before the hearing of any such controverted election," to take a certain form of oath before the Governor, in which the names of the persons between whom the controversy is depending are stated, and also to administer the like oath to every member of Assembly present.

it is enacted that "no election shall be allowed to be controverted without a

5. That the Governor issues a certificate of the Speaker having duly taken the oath appointed by law in the controversy depending between the persons therein named. That upon an election being annulled the Governor in Council is informed thereof by the Speaker on behalf of the House of Assembly, and requested to issue a new writ. That a further Act, No. 324 of 1858, supplements some of the above provisions.

6. That the Colony is divided into parishes, each of which returns two members. 7. That it appears that at a recent election of two members for the parish of St. Thomas, Messrs. James William Parris and William Grant Ellis were returned by the Sheriff as duly elected.

8 That a petition was lodged, within the time prescribed, against the return of one only of those members, namely, Mr. James William Parris. That the Speaker took the oath prescribed by law before the Governor, who granted his certificate to that effect (in which it is specified that the controverted election is that of Mr. James William Parris), and all the other formalities required by the Act as regards the controverted election of that member were duly complied with.

9. That on the hearing of the petition against the return of Mr. James William Parris, the Assembly, after some days consultation and debate, decided that the election for the parish of St. Thomas was void, and a resolution to that effect was carried unanimously. That a message from the House to the acting Governor was conveyed by the Speaker, informing him that the election and return of William Grant Ellis and James William Parris had on controversy been declared void, and praying that he would issue "a new writ for the election of members to serve in the General Assembly for the parish of St. Thomas."

10. That the Acting Governor, on the advice of the Colonial Attorney-General, declined to issue a new writ for the election of two members for the parish of St. Thomas, on the ground that it was not competent to the House of Assembly to annul the election of Mr. William Grant Ellis, against whose return no petition had been lodged; as to which no " dispute or controversy," had arisen; and in respect to whose election not one of the formalities prescribed by the Act No. 134 for the trial

▲ 12916.-83. 95.-12/84.