CO885-(11-13) — Page 678

12,776,

No. 46.

(JAMAICA.)

SIR,

LAW OFFICERS to COLONIAL OFFICE.

We are honoured with Sir Robert Herbert's letter of the 1st instant, in which

Royal Courts of Justice, 20th July 1885. he stated that he was directed to inform us that resolutions had been passed by the Legislative Councils of most of the West Indian Golonies in which the West Indian Incumbered Estates Acts (17 & 18 Vict. c. 117, 21 & 22 Vict. c. 96, 25 & 26 Vict. c. 45, 27 & 28 Vict. c. 108, and 35 & 36 Vict. c. 9.) were in force in favour of the abolition in those Colonies of the jurisdiction of the Commissioners for sale of Incumbered Estates in the West Indies.

That it had been suggested that the abolition of the jurisdiction of the Commis- sioners in any Colony could be effected by an Order in Council revoking the Order by which the Acts were brought into operation in that Colony, but that the Acts did not appear to empower Her Majesty to revoke any Order in Council made under the Act

of 1854.

That if the jurisdiction of the Commissioners could only be determined by Act of Parliament, it appeared that should Her Majesty's Government think it desirable to give effect to the wishes of the Colonial Legislatures, the most convenient form of legislation would be a Bill empowering the Queen to direct by an Order or Orders in Council that the West Indian Incumbered Estates Acts should cease to be in operation in any particular Colony or Colonies in which they had been brought into force, except as to any proceedings commenced before the date of the Order, which proceedings should continue as if the Order had not been made.

That our opinion was requested upon the following questions:

(1.) Whether Her Majesty could by Order in Council put an end to the operation of

the West Indian Incumbered Estates Acts in any Colony ?

(2.) Whether the jurisdiction of the Commissioners for sale of Incumbered Estates in the West Indies could be abolished in relation to any Colony by any and, if any, by what means, other than by Act of Parliament ?

(3.) If it should be thought expedient to introduce a Bill to provide for the abolition of the jurisdiction of the Commissioners, whether the Bill should be in the form above suggested, or if not, what should be the form and purport of such Bill ?

(4.) Generally as to the best method of effecting the abolition of the jurisdiction of

the Commissioners ?

In compliance with the request contained in Sir Robert Herbert's letter we have the honour to

That-

Report

(1.) Her Majesty cannot by Order in Council, under the West India Incumbered Estates Acts, put an end to the operation of those Acts in any Colony.

(2.) The jurisdiction of the Commissioners can be most simply and certainly abolished, in relation to any Colony, by Act of Parliament. Possibly in some Colonies, as for instance Grenada, St. Vincent, and Tobago, the jurisdiction might be abolished by the Local Legislature.

(3.) We think the Bill for abolishing the jurisdiction of the Commissioners should be in the form suggested; and that the provisions necessary to replace the Commis- sioners' functions in each island should be left to be enacted by the local Legislatures.

(4.) We have nothing further to add.

The Right Hon. Colonel Stanley, M.P.,

&c.

&c.

&c.

We have, &c., (Signed)

R. E. WEBSTER. J. E. GORST.

▲ 15997.-81. 85-19/85.

PUBLIC RECORD OFFICE

9

C.O.885

Reference :-

13 PUBLIC RECORD OFFICE, LONDON

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