CO885-(13-15) — Page 462

SIR,

Law Officers' Department, Royal Courts of Justice,

June 21, 1896.

In forwarding the enclosed report relative to the Petition of Right of the West Australian Land Company, I am directed by the Attorney-General to inform you that the Solicitor-General, having, prior to his acceptance of office, acted for, the petitioners, is unable to advise upon the present reference.

John Bramston, Esq., C.B.

I am, &c.

JAMES ABBS.

13313.

No. 111.

(CANADA.)

SIR,

LAW OFFICERS to COLONIAL OFFICE.

Royal Courts of Justice, June 23, 1896. We were honoured with your commands signified in Mr. Bramston's letter of the 22nd ultimo stating that he was directed by you to invite our consideration of the Canadian Copyright Act of 1889 and of the Report of the 31st December 1889* by the then Law Officers which would be found at pages 1 and 9 of the enclosed print (North American No. 172).

That that Act was assented to by the Governor General on behalf of Her Majesty, but had never come into force, as no Proclamation had been issued as required by section 7 of the Act.

That the Canadian Legislature had now passed a further Act, Cap. 37 of 1895, of which sections 3, 4, and 5 amended some of the provisions of the Act of 1889. That a copy of that Act was enclosed, and that, as it had received the Royal Assent from the Governor General, it was now law in Canada. But that before advising Her Majesty not to exercise Her power of disallowance in respect of that Act you would be glad to be favoured with our opinion whether you might safely do so without incurring any risk of bringing the Act of 1889 into force.

That Her Majesty had not signified Her pleasure in respect to the Act of 1889, See print, except as contained in the two Despatches of 25th March 1890. That no answer had Pp. 14-15. been received to the confidential Despatch of that date.

We have taken the matter into our consideration, and have the honour to

Report

THAT we are of opinion that no risk of bringing the Act of 1889 into force will be involved by Her Majesty's assent being given to the Copyright Act 58 & 59 Vict. Cap. 37. The only sections of the Act of 1889 which are affected are the third and fifth; the whole Act is subject to section 7 which renders necessary a Proclamation of the Governor General before the Act can come into force.

In our opinion, the Act amended as proposed will be subject to the same condition.

We have, &c.

RICHARD WEBSTER.

J

The Right Hon. Joseph Chamberlain, M.P.,

&c.

&c.

&c.

ROBERT B. FINLAY.

• No. 168 (Vol. IV.).

⚫ 90586.-81.

25.-7/96.

PUBLIC RECORD OFFICE

Reference :-

EPERTIC.O.885

سائي

14 PUBLIC RECORD OFFICE, LONDON

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