CO885-(13-15) — Page 502

Attached to 1476/97.

PUBLIC RECORD OFFICE

Reference :-

TTIINC.O.

885

14 PUBLIC RECORD OFFICE, LONDON

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

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No. 14.

(WESTERN AUSTRALIA.)

LAW OFFICERS to TREASURY,

FURTHER CASE.--BRANCH MINT AT PERTH,

A Case with Opinien thercon of the Law Officers, dated 31st October, 1896,* is left herewith.

The following is copy of a letter from the Treasury to the Treasury Solicitor :—

Treasury Chambers,

SIR,

26th March, 1897.

Wrru reference to Mr. Chance's letter of 31st October last, I am directed by the Lords Commissioners of Her Majesty's Treasury to transmit copies of the following correspondence respecting the proposed Branch Mint at Perth, in Western Australia, viz. :——

(1.) Report of 30th December, 1896, from the Deputy Master of the Royal Mint, with proof of Draft Order in Council revised in accordance with the Law Officers' Opinion of 31st October list.”

(2.) Memorandum by the Parliamentary Counsel, dated 13th January last.

(3%) Letter from Colonial Office of the 8th instant.

I am to request that you will prepare and submit to the Law Officers a further case

to cover the several points raised in the above correspondence.

The Case and Opinion of 31st October last (with appendices) are herewith enclosed (in original, to be returned),

The Solicitor.

I

am, &c.,

E. W. HAMILTON.

Copies of the enclosures to the above letter are left herewith.

The Attorney and Solicitor-General are requested to advise on the several points raised in the above correspondence,

Opinion.

}

1. We adhere to the view which we expressed in our former opinion* as to section 15 of the Act of 1870. That sertion provides for the appointment by the Treasury of Officers to carry on the business of Her Majesty's Royal Mint in England, in any part of the United Kingdom, or elsewhere. We think the word " elsewhere" is not sufficient to make section 15 apply proprio vigore to the Colonies, particularly having regard to the definition of British Possessions in section 2.

In the case of the establishment of a branch, mint in a Colony, we think that the Order in Council ought to provide for the appointment of the Officers in accordance with section 15.

In our opinion no difficulty arises as to the validity of the appointments in the Branch Mints at Sydney and Melbourne. The Crown has recognized as officers of these Branch Mints the Officials appointed by Treasury Warrant. apply, the right of appointment rests with the Crown, and as the officials appointed by If section 15 does not warrant have been permitted by the Crown to exercise their duties, we do not think that any question could be raised as to the validity of acts done by them.

2. It appears to us quite clear that section 11 (8) applies to all. British Colonies, anil that it is not necessary that it should have been applied by proclamation. The Queen may therefore make an Order directing the establishment of any Branch of the Mint in any of the Australasian Colonies, and impose a coinage there.

charge for

The power to make regulations contained in 5 (1) () of the Draft Proclamation appended to the Order appears to us quite unobjectionable,

"the

3. We see no objection to the alteration suggested by the Deputy-Master in 5 (1) (7) as altered by him in red ink in the Draft Proclamation by deleting fineness of the whole of” and inserting the whole or before some portion."

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* No. 119A.

77-35-Ju99 W↑ 439 D&S 1

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