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2914.

PUBLIC RECORD OFFICE

19

Reference :-

·| ༢། ༅༑ ·། རྭ། mimi C.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

2

(2) Whether the amendments proposed in Ordinance No. XI. of 1900 could now be made?

(3) Generally.

In obedience to your commands we have taken the matter into our consideration,

and have the honour to

Report-

1. That we are of opinion that the power of the Crown to disallow under such circumstances ought only to be exercised in very grave cases, but we feel difficulty in saying that the constitutional right to disallow is destroyed by such an intimation. It amounts in effect to a statement that there is no intention to advisé His Majesty to disallow and is not published. If afterwards circumstances urgently calling for disallowance should arise, it may well be that the power might be exercised within the stipulated time. But having regard to our view upon the second question, the first question, perhaps, need not be answered definitely.

2. It appears to us that the amendments proposed cannot properly be made by the exercise of the power of disallowance. The proposals are, in fact, suitable for an amending Ordinance. The power of disallowance is one which ought to be exercisend either with regard to the whole of an Ordinance, or to some separate part, and not for the purpose of altering the sense of the law by omitting the portion of one clause and the whole of another, which merely form part of a group, and do not fall under any separate

head.

3. We suggest that the Governor should be informed that the proposed amendments, if desired, must be made by a fresh Ordinance.

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

&C.,

&c.

We have, &c.,

R. B. FINLAY.

EDWARD CARSON.

SIR,

No. 125.

(GENERAL.)

LAW OFFICERS to COLONIAL OFFICE.

[Documents which should be entered in the Register of Colonial Inscribed Stock.]

Royal Courts of Justice,

January 21, 1902. We were honoured with your commands, signified to us in Mr. Bertram Cox's letter of the 18th ultimo, stating that he was directed by you to ask for the favour of our report upon a question that had recently been raised as to the documents which, under Section 16 of the Colonial Stock Act, 1877, should be entered in the Register of Colonial Inscribed Stock.

That Mr. Bertram Cox was to forward for our consideration a letter dealing with this subject adressel to the Colonial Office by the Crown Agents, together with a copy of the correspondence and the other enclosures therein referred to. That copies of the Jamaica Laws mentioned in the correspondence-viz., 13 of 1865, 12 of 1889, 32 of 1900, and 1 of 1901-were also transmitted to us.

That it appeared to you that the authority for the issue of this particular Colonial Stock was sufficiently contained in Section 2 of the Law 13 of 1885, and in Law 32 of 1900.

That Mr. Bertram Cox was to request us to take the correspondence into our consideration, and to report

(i.) Generally what documents it was necessary to enter in the register under Section 16 of the Colonial Stock Act, 1877 ?

(ii) In this particular case, whether the present register complied with the terms of the Act, or, if not, in what respects it required amendment?

(iii.) Whether attaching printed copies of Colonial enactments to the Register was

a sufficient "entry" therein of such enactments under Section 16 of the Act?

(iv.) What answer should be returned to Mr. Hopkinson ?

(v.) Generally.

In obedience to your commands we have taken the papers into our consideration, and have the honour to

Report-

That (1) the register should contain a printed copy of any Acts, or portions of Acts, authorising the issue of the stock, also any documents setting out the conditions of the loan, and any regulations made for the transfer or other dealing with the stock.

It would be impossible further to define what the register should contain without having the facts or documents before us in particular cases.

(2) We think that the register complies with the Act. We presume that all the conditions are contained in the documents filed. The instructions from the Colonial Government or the Colonial Office to the Crown Agents should not be inserted on the register.

(3) Yes. (4) Mr. Hopkinson should be informed that the instructions from the Colonial Government form no part of the register, and that they cannot therefore be produced.

We have, &c.,

R. B. FINLAY.

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

&c.,

&c.,

.&c.

10797-25-1/1902 W 352 D & B

E

EDWARD CARSON,

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