CO885-(11-13) — Page 72

7548.

No. 775.

(NEW SOUTH WALES.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Temple, July 26, 1872, We are honoured with your Lordship's commands signified in Mr. Holland's letter of the 24th instant, stating that he was directed by your Lordship to transmit to us a copy of a Despatch from the Officer Administering the Government of New South Wales, together with other documents mentioned in the margin, relating to a No. 40. 15 May question which had arisen in the Colony with regard to the interpretation to be placed on the 36th section of the Constitution Act of New South Wales contained in the New South Schedule to the Imperial Act 18 & 19 Vict. cap. 54.

And he (Mr. Holland) was to request us to take these papers into consideration and inform your Lordship whether we concur in the opinion of Sir W. Manning to the effect that the New South Wales Promissory Oaths Act of 1870 did not require to be reserved for the signification of Her Majesty's pleasure.

And it would be observed that the Colonial Legislature was by section 4 of the Act

18 & 19 Vict. cap. 54, empowered, subject to certain conditions, to repeal and alter the provisions of the scheduled Act.

In obedience to your Lordship's commands we have taken the papers into con- sideration and have the honour to

Report

That we are of opinion that the 9th section of the Promissory Oaths Act, 1870, was an alteration of a provision under the Constitution Act 17 Vict. c. 41, concerning the Legislative Council, viz., the provision contained in section 33 of that Act, and consequently the Promissory Oaths Act, 1870, did require to be reserved for the signification of Her Majesty's pleasure.

The Right Honourable

The Earl of Kimberley,

&c.

&c.

&c.

We have, &c., (Signed)

J. D. COLERIDGE. G. JESSEL.

1872.

Wales.

0 16278.-959.

95,--5/80.

PUBLIC RECORD OFFICE

Reference :-

EPEC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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