CO885-(11-13) — Page 641

13,772.

No. 19.

(SOUTH AUSTRALIA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

We were honoured with your Lordship's commands signified in Mr. Wingfield's

Royal Courts of Justice, August 12, 1884. letter of the 1st instant, stating that he was directed by your Lordship to enclose a copy of an Act of the Legislature of South Australia, numbered 19 of 1858, and that he was to call our attention to the 3rd section, by which it was provided that grants, conveyances, and alienations of any waste lands of the Crown within the Colony made by the Governor in such form as shall from time to time be deemed expedient by the Governor, with the advice and consent of the Executive Council, if signed by the Treasurer and Registrar-General, and stamped with such stamp as might for that purpose be authorised by the Governor, with such advice and consent as aforesaid, shall without the signature of the Governor, and with the seal of the Colony being affixed thereto, be held valid and effectual in law.

That Mr. Wingfield was also to refer us to Clause IV. of the Letters Patent, con- stituting the office of Governor of South Australia (a copy of which was enclosed), by which the Governor was authorised and empowered to make and execute under the Public Seal of the Colony grants and dispositions of lands which might be lawfully granted and disposed by Her Majesty within the Colony. That a similar clause was to be found in the Letters Patent constituting the office of Governor of each of the other Colonies (except Canada) in which the control and disposal of the waste lands of the Crown was vested in the Colonial Legislature.

That our opinion was requested whether it was within the power of a Colonial Legislature which was empowered to regulate the sale and disposal of waste lands of the Crown in the Colony to dispense with the Governor's signature of grants and other instruments disposing of such lands.

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

Report

That we think it is within the power of a Colonial Legislature, which is empowered

to regulate the sale and disposal of waste lands of the Crown in the Colony, to dis- pense with the Governor's signature of grants and other instruments disposing lands.

Indeed, we do not quite understand on what ground Governor's signature is indispensable.

such

is suggested that the

Clause 4 of the Letters Patent, to which alone we are referred, empowers the Governor to make grants and dispositions of lands, not under his hand, but under the public seal of the Colony.

The Right Hon. the Earl of Derby, K.G.

&c.

&c.

&c.

We have, &c.

(Signed)

HENRY JAMES. FARRER HERSCHELL.

A 15027--70. 35.--19/85.

PUBLIC RECORD OFFICE

C.O.

Reference :--

885

13 PUBLIC RECORD OFFICE, LONDON

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