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8959.

We think his case comes within the terms of those laws, and that he is not on any of the grounds suggested disentitled to such pension.

2. It was a matter for the consideration of the Executive Government whether the certificates satisfied them that Mr. Justice Phillips was "afflicted with some permanent infirmity disabling him from the due execution of his office."

It is not within our province to criticise the conclusion arrived at by the Government upon a question of fact. We can only say that they were in point of law warranted

in acting upon the certificates in question.

3. We think that the fact that the items submitted were expunged by the Legislative Council did not render the payment of the pension illegal.

4. We are of opinion that the Governor of Natal cannot authorise by warrant the payment of any sum of money until or unless the payment of any such sum has been provided for by a permanent law or previously sanctioned in the annual Estimates Bill. In our opinion the Natal pension laws submitted to us are such permanent and empowering laws. We do not think the first part of section 26 of the Royal Charter is applicable to cases in which a permanent Act has provided for particular payments. 5. In case legal proceedings are taken by Sir H. L. Phillips against the Government of Natal for the pension he claims, we do not think the Government of Natal would have any defence to such proceedings, having regard to the memorandum of the Executive Council of the 25th March 1880, and the message from Sir G. Pomeroy Colley (Memorandum No. 42, 1880). We express no opinion as to the form in which legal proceedings can be instituted against the Colonial Government.

6. We think the provisions of section 26 of the Charter may be enforced by giving express instructions to the Crown Agents for the Colony(ies) that they are not in future to make any payments except in pursuance of a warrant under the hand of the Governor.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

We have, &c.,

(Signed)

HENRY JAMES.

FARRER HERSCHELL.

No. 277.

(GENERAL.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

WE were honoured with your Lordship's commands signified in Mr. Bramston's

Temple, 16th May 1882. letter of the 28th ult., referring to our report of the 12th of January last, and stating that he was directed by your Lordship to transmit to us a copy of a letter from the committee appointed for the purpose of revising the procedure and scales of fees in the Vice-Admiralty Courts in the Colonies, submitting suggestions for additional legis- lation in connection with the proposed Bill for extending the jurisdiction of the Vice- Admiralty Courts in the Colonies. That Mr. Bramston was also to enclose a copy of the reply from the Admiralty, to which department the suggestions of the committee were referred.

That Mr. Bramston was to request that we would take those papers into our con- sideration, and that we would favour your Lordship with any observations that appeared to be desirable in respect to the proposed legislation.

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

Report

That the legislation suggested by the committee appointed for the purpose of rovising the procedure and scales of fees in the Vice-Admiralty Courts in the Colonies appears to us expedient on general grounds, and we see no objection to it in principle. We are not, however, in a position to say whether it would be in accord with the general judicial system and procedure in all the Colonies to which such legislation would relate; and the extent of its application deserves consideration.

We concur in the suggestion that it would be advisable to make any amending Act a consolidating Act also.

HENRY JAMES. FARRER HERSCHELL.

We have, &c., (Signed)

&o.

The Right Hon. the Earl of Kimberley, &c.

&c.

▲ 12916-957. 25.-12/84.

PUBLIC RECORD OFFICE

Tx Te Tz Tx

C.O.

Reference :-

885

12 PUBLIC RECORD OFFICE, LONDON

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