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9249.

PUBLIC RECORD OFFICE

गय

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C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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4.

MY LORD,

No. 211.

(MALTA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, May 5, 1891. We were honoured with your Lordship's commands, signified in Mr. Wingfield's letter of the 2nd instant, stating that by Letters Patent dated the 12th of December 1887 (a copy of which was enclosed), a Council of Government for Malta was consti- tuted, consisting of the Governor as President, six official members, and fourteen elected members.

That Clause 17 provided that if any elected member of the Council should by writing under his hand addressed to the Governor resign his seat in the Council, his seat should thereupon become vacant, and that whenever the seat of an elected member had become vacant, the Governor should, as soon as possible, issue a writ for the election of a new member in the place of the member whose seat had become vacant.

That Clause 29 provided that all votes of the public money should, if challenged, be determined by a majority of the votes of the elected members present, and that the votes of the official members should not be recorded on such questions, and that all questions, other than votes of public money, should be determined by a majority of the votes of all the members present, except the Governor or other presiding member.

That Clause 32 provided that the Council should not be disqualified for the trans- action of business by reason of any vacancy or vacancies among the members, but that no business except that of adjournment should be transacted, unless there should be present at least six members besides the Governor or other presiding member.

That the Governor of Malta had reported by telegraph that all the elected members of the Council of Government had resigned their seats, and that he was advised by the official members of his Executive Council to carry on business under Clause 32 of the Letters Patent, pending the election of new members to fill the vacant seats.

That your Lordship felt some doubt whether, having regard to the 29th clause of the Letters Patent, the Council was competent to pass votes of public money during the vacancy of the seats of all the elected members; and that Mr. Wingfield was directed to request that we would favour your Lordship with our opinion upon the following questions :-

Whether, during the vacancy of the seats of all the elected members of the Council of Government, the Council, at a meeting at which the Governor and all the six official members were present, was competent to—,

(i.) pass Ordinances,

(ii) pass votes of public money,

(in.) transact other business.

That Mr. Wingfield was to enclose, for reference, copies of a report of the Law Officers

in August 1884* on a similar question, with respect to the Council of Government as then constituted under Letters Patent dated 11th May 1849, and of our report dated 14th March 1890†, on an analogous question relating to the Executive Council of Malta, and of the Royal Instructions referred to in that report.

7th August 1884.

L.P.

1th May 1849.

14th March 1890,

7th December 1887.

1.P.

7th March 1888.

J..P.

4th 1bruary 1989,

That Mr. Wingfield was also to enclose copies of Letters Patent dated the 19th March 1888 and the 14th February 189, amending the Letters Patent of the 12th December 1887, which, however, did not appear to affect the question submitted to us. We have taken the matter into our consideration and in obedience to your Lordship's

commands have the honour to

Report

That we are of opinion that, during the vacancy of the seats of the elected members of the Council of Government who have resigned, the Governor and the six official members may meet and pass Ordinances and transact all business other than the passing of votes of public money.

I have, &c.

(Signed)

The Right Hon. Lord Knutsford, G.C.M.G.,

&c.

&c.

&c.

• No. 18.

RICHARD E. WEBSTER. EDWARD CLARKE.

† No. 175,

E 65453.-16. 20.--5,91.

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