CO885-(11-13) — Page 412

8796.

PUBLIC RECORD OFFICE

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Reference :-

CO. 885

12 PUBLIC RECORD OFFICE, LONDON

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

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SIR,

No. 174.

(VICTORIA.)

LAW OFFICERS to COLONIAL OFFICE.

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spondence, &c.

WE were honoured with your commands signified in Mr. Malcolm's letter of

Temple, 15th July 1878. the 27th of March last, stating that he was directed by you to transmit to us a Further Corre- Parliamentary Paper, at the fifth page of which we would find a Despatch from the Bond Parlis- Governor of Victoria, suggesting, at the instance of his responsible advisers, that predecessor in the Colonial Office should consult the Law Officers in this country upon an opinion given by the Attorney-General of that Colony.

your

mentary Paper.

2. That at the 38th page of another Parliamentary Paper, also therewith transmitted, a. 1862.

1

we would find a copy of the Ministerial memorandum of the 31st of December 1877 referred to by the Governor and the Attorney-General,

3. That copies of recent telegrams, to some extent bearing upon the subject, were also enclosed; and if, after consideration of the papers, we should desire further infor- mation upon any point arising out of them, it would be supplied if in the possession of the Colonial Department.

4. That the points upon which the Government of Victoria desired to be advised appeared to be fully set forth in the papers; and Mr. Malcolm was to request that we would consider them, and acquaint you whether in our opinion the views entertained by the Ministry and by the Attorney-General of the Colony of Victoria, as therein stated, with respect to the circumstances in which moneys in the Treasury were “legally available" for and applicable to the public service, were correct.

5. That the question to which the opinion of the Colonial Attorney-General related had an important bearing upon the very serious controversy which had arisen between the two houses of the Victoria Legislature, and you would be glad to be favoured with our opinion on the point submitted as soon as possible.

We were also honoured with your commands signified in a letter from Mr. Malcolm dated the 2nd of April, stating that he was directed by you to inform us that received information by telegraph that the difficulty which existed between the two you had houses of the Victoria Legislature had been arranged, and that, with respect to the question which was submitted for our opinion in the letter from the Colonial Depart- ment of the 27th of March, further legal opinions had been transmitted from the ('olony.

That you would, therefore, request that we would defer making any report upon the subject until you should have received and communicated to us the further legal opinions referred to.

We were further honoured with your commands signified in a letter from Mr. Herbert dated the 22nd June last, stating that in the letter from the Colonial Department of the 27th of March last we were requested to furnish you with our opinion whether certain views entertained by the Ministry and Attorney-General of the Colony of Victoria, with respect to the circumstances in which moneys in the Treasury were

legally available letter from the Colonial Department of the 2nd April last we were requested to defer for and applicable to the public service, were correct, and in the making any report upon the subject until further legal opinions, which were on their way from the Colony, should have been received and been communicated to us.

2. That these opinions have now been received, and would be found at pages 33-46 of the accompanying print of further correspondence respecting the late difficulties in Victoria.

Australian, No. 6,

3. That Mr. Herbert was also to request our attention to the memorandum presented to you by a deputation of gentlemen connected with the Colony of Victoria, which would be found at pages 22-29 of the print, and to a memorandum drawn up in the Australia Colonial Department, and approved by the Lords Commissioners of the Treasury, of which a copy was enclosed therewith, in reference to the practice in this country with respect to the issuing of money out of the Consolidated Fund.

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No. 6.

▲ 12916.-169. 25.-12/84.