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(4.) Would it be competent for Her Majesty by Letters Patent or Order in Council to validate the past use of the old seal contrary to the injunctions of the Warrant, assuming such use to be bad as aforesaid?

(5.) If local legislation is sufficient for all purposes of the case, do we consider that such "local" legislation should be that of the Dominion Parliament, having reference to the British North America Act, 1867, or the provincial Parliament ?

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

That-

Report

1. The order in the Warrant of the 7th May 1869 to use the new seals was merely directory, so that the disregard of its injunctions has not had the effect of invalidating documents which were subsequently sealed with the old seal.

2. We agree with the opinion of the Law Officers of the Crown, dated 11th August 1869, that the local Legislature, with the previous assent of the Crown, is competent to empower the Lieutenant-Governor to alter the seal, if by "local Legislature" the Law Officers meant the Legislature of the Dominion.

3. On the assumption mentioned, local legislation, i.e., legislation by the Dominion Parliament would be competent to validate the past use contrary to the injunctions of the Warrant, of the old seal, and to make good all documents passed under it.

4. Though we recommend an application to the Dominion Legislature, we hesitate to say it would not be competent for Her Majesty by Letters Patent or Orders in Council to validate the past use of the old seal, contrary to the injunctions of the Warrant.

5. We consider that if local legislation is resorted to it should be the legislation of the Dominion Parliament.

If a Bill is introduced in the Dominion Parliament to authorise the Lieutenant- Governor to alter the seals, it will be well, as a matter of precaution, to insert in it a clause declaring all documents sealed with the old seal to be valid.

4280.

No. 132.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

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

Temple, 11th April 1877. letter of the 7th instant, with reference to the joint opinion given by us on the 27th ultimo regarding certain questions which had arisen with respect to the use of the Great Seal of the province of Nova Scotia, he was directed by your Lordship to transmit to us the paraphrase of a telegram which had been received from the Governor-General of Canada in reply to one (copy of which was annexed) which communicated to him the gist of that opinion.

Telegram to

March 1977. Telegram from Governor, 4th April 1877.

That your Lordship desired Mr. Malcolm to request that we would consider the Governor, 28th question raised in the concluding passage of the Governor-General's telegram, and that we would advise your Lordship of the answer which should be returned thereto.

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

Report

That in our opinion the authority of the Parliament of the Dominion to make laws with the previous assent of Her Majesty respecting the alteration of the seals rests on 30 Victoria, c. 3., sec. 91.

If, however, it is deemed advisable to resort to legislation by the Imperial Parliament, and no objection is raised in Canada, we see no reason why this course should not be pursued.

We have, &c.,

(Signed)

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

JOHN HOLKER. HARDINGE S. GIFFARD.

(Signed)

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

We have, &c.,

JOHN HOLKER. HARDINGE S. GIFFARD.

▲ 12916.-131, 25.-12/84.

PUBLIC RECORD OFFICE

Reference :-

TRINCO.

885

12 PUBLIC RECORD OFFICE, LONDON

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