CO885-(11-13) — Page 701

21,338.

SIR,

No. 64.

(TASMANIA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, December 10, 1885.

We were honoured with Mr. Bramston's letter of the 9th instant, stating he was requested by you to request that we would be good enough to favour you with our opinion upon the following question which had arisen in the Colony of Tasmania, viz. :-

That the Governor bad reserved for the signification of Her Majesty's pleasure a Bill which had passed both Houses of the Legislature, and that that Bill would be submitted for the Queen's consent at the first meeting of the Privy Council. That it was desirable that the Act when assented to should come into force as soon as possible, and that the Governor had requested that he might be informed by telegraph as soon as the Queen's assent had been duly given. That he added, however, that a question had arisen whether a telegraphic message would be sufficient to justify him in issuing the necessary proclamation.

That you therefore wished to be advised whether in our opinion the Governor's doubt upon that point was well founded.

That Mr. Bramston was to refer us to the Acts 13 & 14 Victoria, cap. 59, sec. 12, 7 & 8 Victoria, cap. 74, and 5 & 6 Victoria, cap. 76, sec. 33, by the last of which the question would appear to be governed. That it would be seen that section 33 did not prescribe any special method by which the fact of the Order in Council having been issued was to be communicated to the Governor, and that it might be observed that communications of the very greatest importance were at the present day conveyed by telegraph.

In compliance with the request contained in Mr. Bramston's letter, we have the honour to

Report

That we are of opinion that the Governor of Tasmania will be justified in issuing the necessary proclamation on receipt of a telegraphic message informing him that the Queen's assent has been duly given to the reserved Bill.

We have, &c. (Signed)

Col. the Right Hon. F. A. Stanley, M.P.

&c.

&c.

RICHARD E. WEBSTER. J. E. GORST.

&c.

A 15997-62. 35.-19/85.

PUBLIC RECORD OFFICE

C.O.885

Reference :--

13 PUBLIC RECORD OFFICE, LONDON

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

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