CO885-(13-15) — Page 667

PUBLIC RECORD OFFICE

C.O. 885

Reference :-

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- |COPYRIGHT PAUTUGIANTENUL 19

!

We have taken the papers into our consideration, and in obedience to your commands, have the honour to

Report-

1. That the Diocesan Finance Board in selling the "Oak Bank estate exceeded its statutory powers under Ordinance 7 of 1887. That Ordinance confers on the Board no power to sell, but powers only of management.

2. Mr. Homagee, as a member of the Board, is a Trustee of the Episcopal property, and therefore not competent to become a purchaser.

3. The deed of transfer of "Oak Bank "sis, we think, void, as the Board have no power to sell, and the transaction might also be set aside at the instance of the Bishop, on the ground that Mr. Homagee, as Trustee, was incompetent to purchase.

4. If the transaction is regarded as beneficial to the Episcopal estate, it should be carried out by an Ordinance empowering the Bishop to sell at the agreed price.

We have, &c.,

The Right Honourable Joseph Chamberlain, M.P., &c.,

&c.

&c.,

RICHARD E. WEBSTER. ROBERT B. FINLAY.

30480.

SIR,

No. 239.

(JAMAICA.)

LAW OFFICERS TO COLONIAL OFFICE.

WE were honoured with your commands signified in Mr. H. Bertram Cox's letter

Royal Courts of Justice, of the 27th ultimo, stating that, with reference to our Report of the 9th August last,* he

3rd November, 1899. was directed by you to transmit to us a copy of a Memorandum by the Attorney-General of Jamaica, raising certain further points in connection with the opinion which we had expressed that a portion of the salary of his office, and the whole of he salary of the Solicitor-General of the Colony, were subject to the annual vote of the Legislative Council.

That you did not consider that it was necessary that we should be asked to re-consider the opinion already expressed by us; nor did you see any reason for asking us to comment on the objections suggested by Mr. Schooles unless we should desire to do so.

That you would, however, be glad if we would advise you on the further question raised in the Memorandum of the Attorney-General, namely--whether, in view of the terms of Clause 39 of the Order in Council of the 19th May, 1884, Law 26 of 1895, which reduced the salary of the Attorney-General as fixed by Section 54 and the Schedule of the said Order in Council, and which was not reserved for the signification of Her Majesty's pleasure, and was not assented to by Her Majesty in the prescribed manner, was or was not valid.

We have taken the matter into our consideration, and, in obedience to your commands, have the honour to

Report-

That, in our opinion, the Law 26 of 1895 is valid, although it was not reserved for the signification of Her Majesty's pleasure.

We reward the provision of Clause 39 of the Order it. Council prescribing such reservation as being merely directory. The Governor ought to reserve any law varying

the Order in Council, and any such law not so reserved would be properly disallowed on this ground.

+

But when the Governor has given his assent on behalf of Her Majesty, and the two years have clapsed without disallowance, we do not think the law can be treated as a nullity.

With regard to the apprehensions expressed by the Attorney-General of Jamaica, we would point out that the Legislature of Jamaica must be trusted not to strike such items off the Votes in face of the intention expressed in Law 32 of 1897.

Disallowance

of a Vote under such circumstances by the House of Commons is, we believe, almost unexampled.

The practical effect of salaries being on the Votes instead of the Consolidated Fund

is that the conduct of the officials in question may be discussed in Committee of Supply on a motion for reduction. should be such discussion with regard to the Law Officers, the whole of their salaries If it is found contrary to the public interest that there should be charged on the revenues of the Island as was done by Law 26 of 1895.

The Right Honourable Joseph Chamberlain, M.P..

&c..

&c.,

We have, &c..

RICHARD E. WEBSTER. ROBERT B. FINLAY.

&c.

• No. 224.

94-25-11.99 Wt 439

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