CO885-(11-13) — Page 385

each particular case, to grant to the Church Trustees a sum equal to 10 years' purchase of each allowance on the demise of the respective incumbents; that there appeared. however, to be doubt whether, having regard to the condition of the law as stated above, there was any power for the Governor to make such payment.

13. Mr. Malcolm was pleased to enclose copies of the letter from the Bishop and Diocesan Council, of the report of the Attorney-General of Jamaica thereon, of the Governor's despatch, and of the exactments above referred to; and to request that we would favour your Lordship with our opinion whether the Church of England in Jamaica has any legal claim to have these allowances or their capital value conveyed to the Church Trustees.

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

Report

That we think that the allowances in question made to the Jamaica rectors in lieu of glebes or parsonage houses under the 58th section of 22 Vict. cap. 23. lapsed on December 31st, 1869, when that Act expired.

These allowances are continued to each rector by sect. 9 of No. 30 of 1870, but for life only. The power given to the Governor by section 6 of making a vesting order on the death of each incumbent, would not, in our judgment, comprise the allowances in question.

We are therefore of opinion that although the Church of England in Jamaica has a strong moral claim to these allowances or their capital value, it has no legal right to have them vested in the Church Trustees; nor could the Governor of Jamaica inake the proposed payment without the authority of an Act of the Colonial Legislature.

We have, &c.,

(Signed)

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

JOHN HOLKER.

HARDINGE S. GIFFARD.

10,717.

MY LORD,

No. 149.

(SIERRA LEONE.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, 1st September 1877. We are honoured with your Lordship's commands, signified in Mr. Meade's letter of the 20th August ultimo, stating that he was directed by your Lordship to transmit to us copies of the following documents :-

An Order in Council dated the 26th day of February 1867, establishing the "West

Africa Courts of Appeal."

46

The Administration of Justice Ordinance, 1876, of the Legislature of Sierra

Leone.

Letters Patent constituting the Gold Coast Colony.

The Supreme Court Ordinance of 1876, of the Legislature of the Gold Coast

Colony.

Three draft Orders in Council-

(1.) Revoking the Order in Council of 26th February 1867.

(2.) Providing for appeals from the decisions of the Supreme Court of the Gold

Coast Colony.

(3.) Establishing an Appeal Court for Her Majesty's Settlements on the

Gambia.

That the change which had been effected by the enclosed Ordinances in the constitu- tion of the Supreme Court of Sierra Leone, and the creation of the Gold Coast Colony with a separate Supreme Court, appeared to render necessary those or similar Orders in Council, and Mr. Meade was to state that your Lordship would feel obliged if we would consider the enclosed drafts, and inform your Lordship whether they were proper and sufficient for the purposes for which they were respectively intended, and if not, that we would be so good as to indicate any alteration that appeared to us to be

necessary.

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

Report

That in our opinion the draft Orders in Council enclosed are proper and sufficient

for the purposes for which they are respectively intended.

(Signed)

The Right Hon. the Earl of Carnarvon,

&c.

&c.

&c.

We have, &c.,

JOHN HOLKER.

HARDINGE S. GIFFARD.

▲ 12916-145. 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