CO885-(13-15) — Page 387

14998.

No. 73.

(GIBRALTAR.)

MY LORD,

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, August 22, 1894.

We were honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 14th instant, stating that he was directed by your Lordship to transmit to Printed us a Case on the question of the law governing Sunday trading in Gibraltar as to below. which the Governor of that fortress desired to be furnished with our opinion, and,

That your Lordship would be glad if we would take the papers into consideration and give our opinion as to the answers to the questions submitted at the end of the Case.

In obedience to your Lordship's commands, we have considered the matter, and have the honour to

Report-

That we are of opinion that no part of the Act 29 Car. 2. c. 7 was brought into force in Gibraltar by the Order in Council of 2nd February 1884.

The Most Hon. the Marquess of Ripon, K.G.,

&c.

&c.

&c.

We have, &c. (Signed)

JOHN RIGBY. R. T. REID.

PUBLIC RECORD OFFICE

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C.O. 885

Reference :-

14 PUBLIC RECORD OFFICE, LONDON

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

CASE for the OPINION of the LAW OFFICERS.

Two cases have recently occurred in Gibraltar in which application was made to his Excellency the Governor for permission to work on Sundays; the first being that of Messrs. Railton, the contractors for the extension of the New Mole, and the second that of Mr. Capurro, à coal merchant, who wished to land and store coal at the North Front.

C

In both these cases the applications wore refused, but the work was, notwithstanding, carried on during Sunday.

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Doubts have arisen whether the Act 29 Car. 2. c. 7, s. 1, is in force in Gibraltar.

By the Order in Council of the 2nd February 1884, it is provided:"Except in Gibraltar respect of matters which now are or hereafter may be provided for by any Order in Book of Council or local Ordinance for the time being in force in Gibraltar, or by any Act Laws,

of Parliament, expressly, or by necessary inference, extending to Gibraltar or by

any proclamation or other instrument issued under the authority of such Order in

Council, local Ordinance, or Act of Parliament, the law of England as it existed on

the 31st day of December 1883, shall be hereafter in force in Gibraltar, so far as it may be applicable to the circumstances thereof."

By section 17 of "the Ordinance to make certain offences punishable on summary conviction, Gibraltar, 1885 " it is provided :-

p. 254.

"Any person who shall sell or expose for sale in any house, shop, room, stall, or Gibraltar

p. 315.

or other place whatsoever any articles of food or any goods, ware, or merchandise on Book of Sundays, Christmas Day, or Good Friday, or any other day appointed by proclamation Law; to be a fast day, after ten o'clock in the forenoon, shall, on conviction, be liable to a penalty not exceeding fifty pesetas, and in default of payment to imprisonment, in the civil prison, without hard labour, to any term not exceeding one month. Provided always that nothing herein contained shall be deemed in any way to affect the provisions of any Order in Council or Ordinance whereby any tavern or other premises duly licensed for the sale of wine, spirits, beer, or ready-dressed provisions may lawfully be kept open for such sale on the days aforesaid, and provided also, that nothing herein contained shall in any way extend to the prohibiting on the days aforesaid and at all times, the sale in druggist and chemist shops of medicines and other articles used for medical purposes; nor the sale before teu of the clock in the

79871.-38. 35.-9/94.