CO885-(11-13) — Page 719

19,385.

No. 76.

(DOMINICA.)

SIR,

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice,

October 28, 1886.

We were honoured with Mr. Bramston's letter of the 11th instant, stating that he was directed by you to inform us that in the year 1869 the Island of Dominica was a separate Colony, with its own legislature, and, therefore, under the Merchant Shipping (Colonial) Act of that year, 32 and 33 Victoria, chapter 11, competent to regulate its own coasting trade.

That in 1871 it became part of the Colony of the Leeward Islands, and came under the central legislature created by the Leeward Islands Act, 1871, (34 and 35 Victoria, chapter 107,) though also retaining its local legislature.

That it was now proposed to pass a law in respect of the coasting trade of Dominica, and that the Attorney-General of the Leeward Islands considered that the necessary enactment should be passed by the local legislature of Dominica, on the grounds that there was in 1869 no central legislature to which Dominica was subject, and that the fact that a central legislature was subsequently established, did not affect the power that Dominica already had, especially as by the Act of 1871 establishing the central legislature no power was given to the General Legislative Council to legislate for the regulation of the coasting trade.

That the Colonial Attorney-General added that he saw nothing in the Act of 1871 which, either by implication or expressly, took from Dominica the power which existed prior to the passing of that Act to regulate the coasting trade by law, and that, therefore, he thought that the power still existed.

That you, on the other hand, were advised that the power to regulate the coasting trade of Dominica was vested in the central legislature of the Leeward Islands, by virtue of the Act of 1871; and that you would accordingly be obliged to us, if we would be good enough to advise you which view was, in our opinion, correct; and if we would favour you with any general observations upon the subject which might appear to us to be advisable.

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

honour to

Report

That unless and until the Island Legislature of Dominica shall declare the regulation of the coasting trade of that Island to be within the competency of the general legislature, the coasting trade is a subject over which the general legislature has no authority, but which remains under the control of the Island Legislature of Dominica.

We have, &c.,

The Right Hon. E. Stanhope, M.P.,

&c.

(Signed)

29

&c.

&c.

RICHARD E. WEBSTER. EDWARD CLARKE.

८

▲ 20491.-42. 25. -11/86.

PUBLIC RECORD OFFICE

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C.O.885

Reference :-

13 PUBLIC RECORD OFFICE, LONDON

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