CO885-(13-15) — Page 452

PUBLIC RECORD OFFICE

Reference :-

C.O.885

14 PUBLIC RECORD OFFICE, LONDON

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

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(2.) The privilege of frec and unreserved discussion of the annual estimates of

expen- diture. This was a privilege conferred by the Crown in 1836, on the occasion of the settlement of the first Civil List in that year, and it was subsequently expressly recognised and confirmed by an Order in Council of the 3rd June 1842, and has been continued by successive Orders in Council down to the present time on the passing of each Civil List Ordinance. This Ordinance is enacted by the Governor and Court of Policy under the sanction of resolutions passed by the Combined Court, and is usually operative for a period of seven years.

3. Prior to 1836 the revenues of the Colony were divided into two classes, namely.-

(1.) Revenues derived from the King's Chests of the counties of Demerara and Esse- quebo and Berbice, consisting of the revenues of the Crown lands and the fees and revenues of certain patent offices; all being under the control of the Governor and Court of Policy; and

(2) Revenues belonging to the Colony Chest and consisting of duties, licences, taxes,

&c., imposed by the Combined Court.

4. In 1836, on the settlement of the Civil List of that year, the King's Chests as separate Chests were abolished, and have continued to be abolished up to the present time by virtue of the operation of successive Civil List Ordinances, and the entire pro- ceeds of the revenue of the Colony, of whatever nature and description the same may be, whether arising from the sale or grant of Crown lands or otherwise, which of right or by custom were, prior to the 1st day of January 1836, payable to Her Majesty's predecessors for the uses of the Colony and which have accrued and may hereafter accrue to Her Majesty, her heirs and successors, have, during the continuance of the Civil List Ordinance, been paid and are payable into the Colony Chest.

.5. The Crown lands and the above-mentioned offices have always remained under the control of the Governor and Court of Policy, without any interference on the part of the Combined Court, and ordinances and regulations have from time to time been passed, without question, making provision, inter alia, for the sale of Crown lands; the issue of grants of Crown lands, of licences of occupancy of Crown lands, of licences to cut timber on Crown lands; the imposition of royalties on timber, stone, sand, gravel, ballata, and substances of a like nature, and of licence fees for licences to purchase ballata, to collect gums and orchids for exportation, &c.

6. In 1880 when gold-mining operations commenced to develop in the Colony, an Ordinance was passed (No. 16 of that year) by the Governor and Court of Policy, to make provision for gold and silver mining. This Ordinance contained, inter alia, provisions

(1.) For the payment of royalty on all timber cut on land comprised within a mining

licence;

(2.) For the payment of royalty on all gold and silver obtained; and (3.) For a fee to be paid on each miner's certificate.

7. In 1887 another Ordinance was passed by the Governor and Court of Policy repealing that of 1880, and giving power to the Governor and Court of Policy to make regulations-

(1.) With respect to all matters connected with the search or mining for or dealing

with gold, silver, precious stones, or any valuable minerals;

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(3.) For determining the amounts to be paid for royalty, fees of office, and other

amounts payable to the Colonial Government;

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(5.) Generally for all matters connected with the proper carrying out of the Ordinance. 8. Regulations were accordingly made by the Governor and Court of Policy under the Ordinance, and, amongst a variety of other matters, the conveyance of gold from the interior and its subsequent sale and disposal were dealt with, and certain prohibitions and restrictions were imposed, mainly with the object of securing the payment of the royalty and controlling the working of the industry.

9. By Regulation No. 91 it was provided that no person, other than a person lawfully occupying a claim, should be allowed to sell, and no person should be allowed to pur- chase, raw gold, unless he held a licence to trade in raw gold or silver; and by Regula- tion No. 92 an annual licence to trade in raw gold or silver might be issued by the Crown Surveyor on payment of a fee of ten dollars.

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10. In 1887 a question was raised, both in the Court of Policy and in the Combined Court, as to whether it was not an infringement of the rights and privileges of the Combined Court for the Governor and Court of Policy to impose this duty; but the then Attorney-General, Mr. (now Sir) W. F. Haynes Smith, gave an opinion in both Courts that the matter was within the competency of the Governor and Court of Policy, and the question was not further pressed.

11. The Regulations of 1887 remained in force until 1892, when they were superseded by more elaborate regulations made under the same Ordinance, under which a fee for an annual licence to trade in gold (which in its definition included silver) was continued, but was increased from ten dollars to one hundred dollars.

12. The object of this licence is not to obtain revenue, but to enable the Government to exercise control over the holders of mining claims and to ensure the collecting of royalty; and it was raised from ten dollars to one hundred dollars in order to diminish the number of dealers. In the last financial year there were only two licensed dealers.

13. Certain instruments relating to the rights, privileges, and powers of the Combined Court are set out in the Appendix to this case. These rights, privileges, and powers are also dealt with in the First Report of a Select Committee of the House of Commons on Ceylon and British Guiana in 1849, and especially in a case submitted to the Law Officers of the Crown by the Colonial Office in 1840, and in their opinion thereon, which are appended (Appendix No. 1) to that Report.

14. It should perhaps be mentioned that in the Court of Policy the Government, by means of the official members, commands a majority of votes, while in the Combined Court the contrary is the case, the unofficial members possessing a majority of votes.

15. It is contended on the part of the Government that the right of the Crown to deal with Crown lands, and the products of Crown lands is not affected by the arrange- ment established by the Order in Council and the Civil List Ordinance, the effect of which is not to diminish or take away the power of the Governor and Court of Policy in raising the revenues which would formerly have been payable into the King's Chest. but only to require those revenues, when obtained, to be brought into the Colony Chest, and that the Governor and Court of Policy are therefore acting within their rights and powers in exacting fees from the public for the privilege of obtaining and dealing with the products of Crown lands.

16. It is contended, on the other hand, on the part of the Combined Court that the fee or duty imposed in respect of an annual licence to trade in raw gold all over the Colony, although such gold is a product of Crown lands, cannot be classed as a revenue from Crown lands, but that it stands in the same position as the fees or duties in respect of other licences imposed by the Combined Court, such as business, shop, hucksters', auctioneers', and other licences."

17. The questions upon which the opinion of the Law Officers is requested are as follows:-

(1.) Are the Governor and Court of Policy within their rights and powers in im- posing a fee or duty in respect of an annual licence to trade in raw gold taken from the Crown lands of the Colony, under the circumstances set forth in this case, or can such a fee or duty be imposed by the Combined Court only? (2.) Assuming that the answer to the last question is in favour of the contention of the Government, has the Combined Court the power to impose a fee or duty- of the kind referred to for the purposes of revenue, in addition to the fee or duty, if any, imposed by the Governor and Court of Policy?

(3.) Is there any difference, as regards the respective rights and powers of the

Governor and Court of Policy and the Combined Court, between imposing tax or duty for the occupation or working of Crown lands themselves or on any product thereof and imposing a tax or duty in respect of the subsequent dealing with a product of Crown lands on persons who wish to trade in such product?

British Guiana,

23rd December 1895.

APPENDIX OF DOCUMENTS.

No. 1.

ORDER IN COUNCIL of the 3rd June 1842, relating to the Combined Court. Whereas Her Majesty was graciously pleased to declare that, on the settlement of a Civil List Establishment for British Guiana, Her Majesty would be prepared to

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