CO885-(11-13) — Page 334

MY LORD,

No. 107.

(NEW ZEALAND.)

LAW OFFICERS to COLONIAL OFFICE.

We were honoured with your Lordship's commands, signified in Mr. Malcolm's

Temple, 30th August 1876. letter of the 26th February 1876, stating that he was directed by your Lordship to The A. G. transmit to us copy of a correspondence, as noted in the margin, which had passed for N. Z.. between the Agent-General for New Zealand and the Colonial Department on the 30 Dec. 1875. subject of contracts made in England on behalf of Colonial Governments. That we 25.Jan. 1676. would perceive from the correspondence that the Government of New Zealand were The A. 6. anxious to be allowed to appear and sue in the Courts of this country upon contracts for N. Za made on their behalf here, while they were indisposed to submit to the counter liability Feb. 1876. to be sued in the same courts.

That they suggested, however, as a compromise, that they should be made liable to he sued in the Courts of their Colony upon contracts to which they were parties.

That your Lordship would be glad if we would furnish you with our opinion whether there would be any objection to assenting to the course proposed by the New Zealand Government, and whether it would be advisable to introduce a Bill into the Imperial l'arliament enabling the Government of a Colony to sue in the Courts of Great Britain upon contracts made in that country so soon as it had been made to appear to the satisfaction of Her Majesty that due provision had been made enabling parties to sue the Government of the Colony in its own Courts upon contracts entered into with such Government.

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

Report

That we do not think it would be advisable to introduce a Bill into the Imperial Parliament enabling the Government of a Colony to sue in the Courts of Great Britain unless such Government was by the same Bill made liable to be sued in the same Courts.

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

We have, &c., (Signed) JOHN HOLKER.

HARDINGE S. GIFFARD.

C. O.,

New Zealand · Act No. 17.

of 1872.

▲ 12916.-106. 25.—12/84.

PUBLIC RECORD OFFICE

C.O.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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

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