CO885-(13-15) — Page 239

20277.

PUBLIC RECORD OFFICE

Reference :-

TLC.O.885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NUI TUJ

No. 226.

(NEW ZEALAND.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Royal Courts of Justice, October 13, 1891. We were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 29th ultimo, stating that he was directed by your Lordship to transmit, for our consideration, a copy of a despatch from the Governor of New Zealand, with a memorandum from the Premier of that Colony, calling attention to a supposed omission in the Colonial Courts of Admiralty Act, 1890, and suggesting, for the reason stated, that a declaratory Act should be passed on the subject.

That your Lordship apprehended that the Governor of the Colony could legally appoint such officers as might be required for the effective exercise of the Admiralty jurisdiction of the Supreme Court; but that Mr. Bramston was to request that your Lordship might be informed what answer should be returned to the Earl of Onslow's despatch.

That a copy of the New Zealand Act of 1882 referred to was enclosed for reference. We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to

Report

That, in our opinion, the course pursued by the Government was quite legal, and

there is no necessity for a declaratory Act.

We have, &c. (Signed) RICHARD E. WEBSTER.

EDWARD CLARKE.

The Right Hon. Lord Knutsford,

&c.

&c.

&c.

THE EARL OF ONSLOW to LORD KNUTSFORD.

No. 52.

MY LORD,

Wellington, August 11, 1891.

I HAVE the honour to enclose a copy of a memorandum from the Premier, to which I would venture respectfully to draw your Lordship's attention.

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

&c.

&o.

&c.

I have, &c. (Signed)

ONSLOW.

MEMORANDUM for HIS EXCELLENCY.

THE Premier presents his compliments to his Excellency, and begs respectfully to request that the notice of the Right Honourable the Secretary of State for the Colonies may be drawn to the fact that, in the Colonial Courts of Admiralty Act, 1890, no provision appears to have been made for the appointment of officers, or declaration as to what officers shall exercise the like powers as were exercised by the officers of the Vice-Admiralty Court. The Act came into force in New Zealand on the 1st July 1891, and the existing rules of the Vice-Admiralty Court which are left alive by section 16 of the Act require certain duties to be performed by a marshal. The question, therefore, arises, what officer of the Supreme Court can perform the duties. By section 35 of the Supreme Court Act, 1882 (New Zealand), it is provided that the Governor may appoint auch registrars, deputy registrars, clerks, criers, and other officers, as may be required for the conduct of the business of the Court, and an immediate necessity for the appointment of a marshal having arisen, the Government has been advised that that authority should be read with the Courts of Admiralty Act,

E 65453-88. 5.-10/91.

0277.

? LOBD,

No. 226.

(NEW ZEALAND.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, October 13, 1891. We were honoured with your Lordship's commands, signified in Mr. Bramston's ter of the 29th ultimo, stating that he was directed by your Lordship to transmit, our consideration, a copy of a despatch from the Governor of New Zealand, with memorandum from the Premier of that Colony, calling attention to a supposed ission in the Colonial Courts of Admiralty Act, 1890, and suggesting, for the reason ted, that a declaratory Act should be passed on the subject.

That your Lordship apprehended that the Governor of the Colony could legally oint such officers as might be required for the effective exercise of the Admiralty isdiction of the Supreme Court; but that Mr. Bramston was to request that your dship might be informed what answer should be returned to the Earl of Onslow's patch.

hat a copy of the New Zealand Act of 1882 referred to was enclosed for reference. Ve have taken the matter into our consideration, and, in obedience to your dship's commands, have the honour to

Report

hat, in our opinion, the course pursued by the Government was quite legal, and

is no necessity for a declaratory Act.

We have, &c.

(Signed) RICHARD E. WEBSTER.

EDWARD CLARKE.

he Right Hon. Lord Knutsford,

&c.

&c.

&c.

No. 52.

LORD,

THE EARL OF ONSLOW to Lord Knutsford.

Wellington, August 11, 1891.

I HAVE the honour to enclose a copy of a memorandum from the Premier, to

h I would venture respectfully to draw your Lordship's attention.

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

&c.

&c.

&c.

I have, &c. (Signed)

ONSLOW.

MEMORANDUM for HIS EXCELLENCY.

E Premier presents his compliments to his Excellency, and begs respectfully to st that the notice of the Right Honourable the Secretary of State for the Colonies be drawn to the fact that, in the Colonial Courts of Admiralty Act, 1890, no tion appears to have been made for the appointment of officers, or declaration as at officers shall exercise the like powers as were exercised by the officers of the Admiralty Court. The Act came into force in New Zealand on the 1st July 1891, le existing rules of the Vice-Admiralty Court which are left alive by section 16 › Act require certain duties to be performed by a marshal. The question, ore, arises, what officer of the Supreme Court can perform the duties. By 1 35 of the Supreme Court Act, 1882 (New Zealand), it is provided that the nor may appoint such registrars, deputy registrars, clerks, criers, and other , as may be required for the conduct of the business of the Court, and an liate necessity for the appointment of a marshal having arisen, the Government en advised that that authority should be read with the Courts of Admiralty Act,

65458-93. 25,-10/91,

PUBLIC RECORD OFFICE

Reference :-

TILERIC.O.

885

13 PUBLIC RECORD OFFICE, LONDON

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