CO885-(13-15) — Page 266

2064.

MY LORD,

No. 1.

(TASMANIA.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, January 29, 1892. We were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 4th inst., stating that he was directed by your Lordship to transmit to us a copy of an Act passed by the Legislature of Tasmania, and assented to by the Governor of the Colony, entitled "An Act to provide for the protection and recovery "of Crown property and the enforcement of Crown rights and claims.”

That it occurred to your Lordship that the last sentence of section 16 of the Act might be construed as depriving the Crown of its priority in respect of debts due to it over debts due to private persons. That so far as that provision affected the Govern- ment of Tasmania it did not appear necessary to take exception to it, but that it might possibly affect claims made on behalf of Her Majesty by other parties than the local government.

That your Lordship desired to be favoured with our opinion whether Her Majesty might properly be advised to allow the Act to remain in operation without amendment, or whether any and, if any, what modification of section 16 should be required.

We have taken the matter into our consideration, and, in obedience to your Lordship's commands, have the honour to

Report

That, assuming that by the law of Tasmania the priority of Crown debts in bankruptcy or liquidation proceedings or over other creditors still exists. section 16 of the Crown Remedies Act may affect such rights of priority.

In our opinion the Act should not be allowed to remain in operation without an amendment to section 16 providing that nothing in the Act contained shall affect, limit, or take away any right or priority of the Crown in respect of the recovery of any debts due to the Crown.

The Right Hon. Lord Knutsford,

&c.

&c.

&c.

We have, &c.

(Signed)

RICHARD E. WEBSTER.

EDWARD CLARKE.

0 70451.

95.-x/99. G. 2. F. & A.

ורי —

C.O.885

14 PUBLIC RECORD OFFICE, LONDON

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