CO885-(11-13) — Page 417

10,184.

PUBLIC

RECORD OFFICE

CO.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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

SIR,

No. 179.

(WESTERN AUSTRALIA.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, 10th August 1878.

We were honoured with the commands of the Earl of Carnarvon signified in a letter from Mr. Bramston dated the 14th of January last, stating that he was directed by his Lordship to transmit to us an extract from a Despatch from the Governor of Western Australia, with the transcript of an Act and report thereupon by the Local Attorney-General, entitled, "An Act to amend the law relating to procedure at the election of Members to serve in the Legislative Council."

That it would be observed that that Act was assented to by the Governor, but that he was afterwards advised that under the terms of the Act (13 & 14 Vict. c. 59. 8. 32.) that was a measure which should have been reserved for the signification of Her Majesty's pleasure, and to remedy the supposed error a subsequent Bill (which, with a report by the Attorney-General, was also enclosed) was introduced and passed sus- pending the operation of the first Act until Her Majesty's pleasure should be signified. That it appeared to Lord Carnarvon that under the Colonial Laws Validity Act, 28 & 29 Vict. c. 63. s. 5., following, as it did, upon the Acts 25 Vict. c. 11. and 26 & 27 Vict. c. 84., the Governor had power to assent to the Act No. 15, but that his Lordship would be obliged if we would take the papers into our consideration. and favour his Lordship with our opinion upon that point.

We were also honoured with a letter from Mr. Bramston dated the 18th of May last, stating that he was directed by you to request that we would be so good as to return an answer, at our convenience, to the letter from the Colonial Department of the 14th of January last respecting an Act of the Legislature of Western Australia, entitled "An Act to amend the law relating to procedure at the election of Members to serve " in the Legislative Council."

We were further honoured with a letter rom Mr. Bramston dated the 31st July last, stating that, with reference to the letters from the Colonial Department of the 14th of January and the 18th of May, he was directed by you to transmit to us for our in- formation the accompanying copy of a Despatch from the Governor of Western No. 6. 14th June Australia respecting the Act of the Legislature of that Colony, entitled "An Act to "amend the law relating to procedure at the election of Members to serve in the Legislative Council," which was forwarded to us for consideration in the letter of the 14th of January.

64

That you would be glad if we were able to furnish you with an early answer upon the subject of that Act, in order that you might be able to inform the Governor of Western Australia of the course which would be pursued in respect of it.

In obedience to your commands we have the honour to

Report

That the 32nd section of the Imperial statute 13 & 14 Vict. c. 59. expressly provides for the case of such a statute as the Colony purported to enact, with the assent of the Governor; and we are of opinion that the previous assent of Her Majesty, and the laying of a copy of the Bill for 30 days before both Houses of Parliament before Her Majesty's pleasure thereto should be signified, were conditions precedent, without a compliance with which the Colonial statute would have no force or validity. We think none of the statutes referred to affect the question.

The Right Hon.

Sir Michael Hicks Beach, Bart.,

We have, &c.,

(Signed)

JOHN HOLKER. HARDINGE S. GIFFARD.

INT

&c.

&c.

▲ 12916.-174, 25.-12/84.

&c.