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PUBLIC RECORD OFFICE

Reference :-

C.O.885

13 PUBLIC RECORD OFFICE, LONDON

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

SIR,

No. 103.

(GOLD COAST.)

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, October 25, 1887.

We were honoured with Mr. Bramston's letter of the 8th instant, stating that he was directed by you to acquaint us that a question had been raised as to the validity of the proceedings of the Legislative Council of the Gold Coast Colony on the 8th of June last.

That by the Royal Instructions, Article XVI., the Council was not competent to act unless there were present three members at the least; and that by Article XXVII., at each meeting the minutes of the preceding meeting were to be read over and confirmed or amended before proceeding to the despatch of any other business.

That those instructions should be read with Articles VIII, and IX. of the Letters Patent of the 13th of January 1886, of which a copy was enclosed.

That on the 8th of June there were present the Officer administering the Government and the Colonial Secretary, and the minutes of the previous meeting having been read and (said to be) confirmed, Captain Bor, commanding the troops, was introduced and took the oath of allegiance as a Member of Council. That three other gentlemen were then introduced as extraordinary members (see Article XV. of the Instructions), and took the usual oaths and their seats accordingly. That the Council thus constituted proceeded to despatch business, including the passing of Ordinances.

That by the Colonial Promissory Oaths Ordinance, 1877, section 10, the oath of allegiance was to be taken by each Legislative Councillor at a sitting of the Legisla- tive Council, but that that section did not, as did the preceding sections which related to other offices, require that the oath should be taken "as soon as may be after hip acceptance of office""

; and that the 15th section appeared to contemplate that the oat i might be taken at any time after the assumption of office. That the first Article of the Instructions empowered the Governor, if he thought fit, to administer the oath of allegiance to public officers, but was silent as to time.

That the Governor of the Colony, who was now in England, raised the question whether the proceedings, including the Ordinances passed on the 8th of June, and on any subsequent meeting of Council, were not invalid.

That the question seemed to you to depend upon whether Captain Bor, who, as commanding the troops, was a member ex-officio, might, before he had taken the oath, be counted as present, for the purpose of making a quorum.

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That Mr. Bramston was to request that we would be good enough to take the matter into our consideration, and to favour you with our opinion on the following points :-

1. Whether the reading on the 8th of June of the minutes of the previous meeting, when only two members of the Council were present, invalidated the subsequent proceedings?

2. Whether the Council was fully constituted by the presence of Captain Bor, who, as "the officer commanding the troops," was qualified to be a member, although he had not taken the oath ?

3. Whether the swearing in of the extraordinary members was an preliminary to their taking part in the business?

essential

4. If the Council was not sitting when the oaths were being administered, whether the subsequent legislation was invalid?

In compliance with the request contained in Mr. Bramston's letter, we have the honour to

Report

(1.) That the fact that only two members of Council were present on the 8th June, during the time when the minutes of the previous meeting were read, though an irregularity, does not invalidate the subsequent proceedings of the Council on that

date.

A 50069-32. 25.-11.87. G. E. & S.