CO885-(11-13) — Page 395

PUBLIC RECORD OFFICE

Reference :-

CO.

885

12 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

MY LORD,

No. 158.

(GENERAL.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, 15th January 1878.

We were honoured with your Lordship's commands signified in Mr. Malcolm's letter of the 12th instant, stating that he was directed by your Lordship to transmit to

us a copy of the Letters Patent constituting the office of Governor and Commander-in- 30 May 1877. Chief of the Windward Islands, and the Roval Instructions accompanying the same, 7 Feb. 1877. together with copies of the Orders in Council therein referred to.

2. That it would be observed that by the 22nd clause of the Instructions power was reserved to Her Majesty to appoint Legislative Councillors by warrant under the Sign Manual with the advice of the Privy Council.

3. That that power of appointing Legislative Councillors by warrant under the Sign Manual was very common in the case of Crown Colonies. The direction that it should be exercised with the advice of the Privy Council was sometimes (as in the case above mentioned) inserted and sometimes not; but whether that direction was contained in the instructions or not, it had been hitherto the custom that all appointments of Legislative Councillors made by warrant under Her Majesty's Sign Manual should be passed with the advice of the Privy Council.

4. That much inconvenience was frequently caused by the necessity for waiting until a Council was held for passing an appointment of a Legislative Councillor made by warrant; that a period of two months might sometimes elapse before the formality could be complied with; and it had therefore occurred to your Lordship to inquire whether it was necessary to retain that formality in cases where there was no express direction that such appointment should be made with the advice of the Privy Council, and whether if the words " and with the advice of Our Privy Council" were struck out of clause 22 of the above-mentioned instructions relating to the Windward Islands, and

in other similar cases, the formality might not be dispensed with in every case.

5. That it might be mentioned that appointments of the highest officers in a Colony, such as Colonial Secretaries and Chief Justices, were made by warrant under the Sign Manual without the advice of the Privy Council; and further, that in the case of the Trinida Trinidad Instructions the appointment of members of the Legislative Council was not Com., 24 July required to be made even by warrant under the Sign Manual, but was vested in the 1874. In- Governor subject to disallowance by Her Majesty.

structions.

6. That he was also directed to submit to us a form of warrant differing from that warrant New hitherto in use, inasmuch as it directed the Governor for the time being of a Colony Form A. to appoint to an office a person for the time being discharging certain functions, instead Warrant Old of directing the Governor to appoint a person specified by name. That your Lordship Form P. would wish occasionally to employ that form of warrant; and, as the Royal Instructions were now addressed to the Governor for the time being, you were inclined to think that warrants in that form might be sufficient.

7. Mr. Malcolm was accordingly to request that we would favour your Lordship with our opinion:-

(1.) Whether in cases where there was no express provision in the Royal Instructions

to the effect that appointments of Legislative Councillors in a Colony by warrant under the Sign Manual were to be made with the advice of the Privy Council, it was necessary that the formality of submitting such appointments to the Privy Council need be gone through.

(2.) Whether the form of warrant submitted there with was sufficient; and if not, in

what manner, if any, it should be amended.

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

Report

That in cases where there is no express provision in the Royal Instructions to the effect that appointments of Legislative Councillors in a Colofty by warrant under the

▲ 12916.-154. 25.-12/84.

2

Sign Manual are to be made with the advice of the Privy Council, we are of opinion it is not necessary that such appointment should be submitted to the Privy Council.

We approve of the form of warrant submitted to us.

We have, &c.,

(Signed)

JOHN HOLKER. HARDINGE S. GIFFARD.

&c.

The Right Hon. the Earl of Carnarvon,

&c.

&c.

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