CO885-(11-13) — Page 462

No. 2096.

(CYPRUS.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

We were honoured with your Lordship's commands, signified in Sir Julian

Temple, September 25, 1879. Pauncefote's letter of the 27th of August last, stating that he was directed by your Lordship to transmit to us the accompanying despatch from Colonel Greaves, lately administering the Government of Cyprus, forwarding copies of "The Forests Ordinance," No. 25, of 1879, which passed the Legislative Council of that Island on the 21st day of April 1879, while Sir Garnet Wolseley was still Her Majesty's High Commissioner.

That as the terms of Colonel Greave's despatch did not appear quite clear on the subject, your Lordship caused inquiry to be made of General Biddulph, the present High Commissioner, whether there existed in the Island a copy of the Ordinance, as passed by the Legislative Council, signed by Sir Garnet Wolseley, in token of his assent thereto, in the name of Her Majesty and on her behalf, as provided by section 17 of the Cyprus Order in Council of the 14th of September 1878.

That Sir Julian Pauncefote was to enclose his answer, from which we would see that no such copy of the Ordinance existed. That the Forests Ordinance was put in force in Cyprus notwithstanding, Colonel Greaves having apparently been under the impression that the affixing of his own signature to the copies, which he transmitted in his Despatch above referred to, was a sufficient compliance with Article 17 of the Order in Council.

That the copies of the Ordinances which were transmitted to the Secretary of State, under Article 17 of the Royal Instructions, were duly authenticated transcripts of the original; but in the present case the original had not been assented to and signed by Sir Garnet Wolseley.

That your Lordship would be glad to be favoured with our opinion, firstly, as to whether, before an Ordinance of the Legislature of Cyprus could take legal effect, it must have been assented to in the name of Her Majesty, and on her behalf, and signed in token of such assent, by the High Commissioner or officer administering the Government of the Island by whom the Ordinance was passed, under the power contained in Article 5 of the Order in Council, or whether the formalities prescribed by Article 17 might be legally performed and fulfilled by any succeeding High Commis- sioner or officer administering the Government of the Island.

Secondly, whether in the case of the Forests Ordinance it was necessary that a new Ordinance should be passed to give it validity from the date when it was passed or first put in force.

That Sir Julian Pauncefote was to enclose copies of the Cyprus Order in Council and Royal Instructions, and of the Forest Ordinance in question, and he was to request that we would favour your Lordship with our Report at our earliest convenience.

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

Report

That the Article 17 of the Order in Council is so worded that, in our opinion, the signature of the High Commissioner assenting must be on the Ordinance; and the formalities required cannot be fulfilled by any succeeding High Commissioner or officer administering the Government of the Island.

And a new Ordinance should be passed to give effect to the validity of the Forests Ordinance from the time when it was passed or first put in force.

We have, &c., (Signed)

The Right Hon. the Marquis of Salisbury,

JOHN HOLKER. HARDINGE S. GIFFARD. J. PARKER Deane.

&c.

&c.

20491.-18. 25.—6/86.

&c.

PUBLIC RECORD OFFICE

יווייוויין

C.O.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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