CO885-(11-13) — Page 639

13452.

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PUBLIC RECORD OFFICE

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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

1

MY LORD,

No. 18.

(MALTA.)

LAW OFFICERS to COLONIAL OFFICE. We were honoured with your Lordship's commands, signified in Mr. Meade's

Royal Courts of Justice, August 7, 1884. letter of the 21st ultimo, stating that by Letters Patent dated the 11th of May 1849, a copy of which was enclosed therewith, a Council of Government was constituted in Malta and its Dependencies, consisting of the Governor of Malta, nine members to be nominated or designated by the Crown, and eight members to be elected by the persons qualified by law in Malta and its Dependencies to serve as common jurors.

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That clause 7 of the Letters Patent provided that various matters relating to the conduct of the elections of the elected members of the Council should be determined by proclamation issued by the Governor, and that by any such proclamation it should also be determined (inter alia) "how the said island and its Dependencies shall for the purposes aforesaid be divided into electoral districts." That such proclamatious were declared to have the force of law on the promulgation thereof, but subject to disallow- ance by the Queen, and that the clause contained a proviso empowering the Council of Government, by any law or Ordinance duly enacted, to repeal the provisions of any such proclamations or proclamation.

That by clause 11 the Governor, with the advice and consent of the Council of Government, was empowered to make laws for the peace, order, and good government of the island and its Dependencies, such laws not being repugnant to the law of England, or to any statute of the United Kingdom, or to any Order in Council extend- ing to Malta and its Dependencies, nor to the Letters Patent, nor to any such instructions, under the Royal Signet and Sign Manual, as mentioned.

were therein-after

That clause 13 reserved to the Queen her " undoubted authority" to make Orders in Council extending to Malta, and declared that all such future Orders in Council should be of the same force and effect in that said island and its Dependencies as if the Letters Patent had not been made.

That clause 14 provided that no law or Ordinance should be enacted by the Council unless one half, at the least, of the total number of members were present, and that all questions should be decided according to the majority of the votes of the members actually present, and that by clause 15 a casting vote was given to the Governor or presiding member.

That by clause 20 power was reserved to Her Majesty, from time to time, to repeal, alter, and amend the Letters Patent or any part thereof, or the Royal Instructions which accompanied them.

That the Letters Patent were accompanied by Royal Instructions to the Governor of even date, a copy of which was enclosed.

That on the 23rd of June 1849 the Governor of Malta issued a proclamation under clause 7 of the Letters Patent regulating the election of members of the Council of Government, whereby it was provided among other things that seven members should be elected by the voters in the island of Malta and one by the voters in the island of Gozo.

That in 1861 the above-mentioned proclamation was repealed by an Ordinance enacted by the Governor, with the advice and consent of the Council of Government, a copy of which was enclosed, and which was the law which now regulates the election of members of the Council.

That under that Ordinance, as under the proclamation of 1849, the island of Malta and its Dependencies were divided into two constituencies, viz., the island of Malta, returning seven members, and the islands of Gozo and Commino, returning one member.

That by Letters Patent dated the 2nd of March 1883, a copy of which was enclosed, the elected members of the Council were required to possess certain qualifications, and that the qualification for electors prescribed by the Letters Patent of 1849 was enlarged.

That copies were also enclosed of other Letters Patent and Royal Instructions affecting the Council of Government (of the dates specified in the margin), to which it did not appear necessary to direct our special attention.

A 15987.-69. 85.-12/85.