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statutory restriction as to the extension of the boundaries of the Commonwealth of Australia and, having regard to the fact that Norfolk Island was acquired for the British Crown by occupation and not by settlement, it appears to us that the Crown has power by Order in Council to annex it to any other part of the Crown's dominions,

When Norfolk Island was first occupied it appears to us that it was entirely at the disposal of the Crown, and the result of the Order in Council made under section 5 of the 18 and 19 Vict. c. 56 was that it reverted in this respect to this position. We do not think that section 5 of the 18 and 19 Vict. c. 56 prevents the Island, under these circumstances, from being at the disposal of the Crown-even if the power expressly conferred by that section is limited to making provision for the Government of Norfolk Island as a separate dependency. The annexation may be made in the manner proposed in virtue of the Crown's authority over territory acquired as Norfolk Island was, there being no statutory impediment to the extension of the boundaries of the Commonwealth.

2. Subject to the consent of the Commonwealth of Australia the annexation should be effected under the Colonial Boundaries Act, 1895.

3. Such an Order in Council may make provision for the interim Government of Norfolk Island pending legislation on that subject by the Commonwealth.

The Commonwealth Parliament might, however, pass an Act to take effect on the annexation, and this might perhaps be the more convenient course.

4. This question does not arise.

5. We have nothing to add.

The Right Honourable Joseph Chamberlain, M.P.,

&C.,

&c.,

&c.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

47266

SIR,

No. 171.

(NATAL―TRANSVAAL.)

LAW OFFICERS TO COLONIAL OFFICE. ·

[Annexation to Natal of certain districts of the Transvaal.]

Royal Courts of Justice, 14th November, 1902.

We were honoured with your commands signified in Sir M. F. Ommanney's letter of the 11th instant stating that, with reference to our Report of the 4th [? 3rd] instant* upon the question of the extension of the boundaries of the Colony of Natal, he was directed by you to submit for our consideration the draft of Letters Patent to provide for the annexation to that Colony of certain districts of the Transvaal.

That he was accordingly to request the favour of our Report upon the question :---- Whether the provisions of the draft Letters Patent were fit and proper for the purpose intended, or, if not, what amendments should be made therein.

That in further reference to the above mentioned Report, Sir M. Ommanney was to represent that, in view of the desire of Lord Milner to expedite the settlement of the new boundary, it would be desirable if possible, that the Royal Assent to the Natal "Northern Districts Annexation Act, 1902,"should" be signified by an Order passed at the same Council as that to which the draft Letters Patent are submitted, instead of postponing the signification of that assent to a later Council as we advised in our Report. That it would be observed that, although assented to, the Act would not come into operation until the Governor proclaimed the Royal Assent; and that the most convenient course would be for the Governor of Nutal to proclaim the Royal Assent under section 1 and the Boundary under section 4 on the same day, on which day also the Governor of the Transvaal would proclaim the boundaries of that Colony in the same terms under the provisions of Article 11 of the Transvaal Letters Patent of 23rd September, 1902.

That Sir M. Ommanney was accordingly to request the favour of our Report as to whether the above procedure might properly be adopted.

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

Report-

That as altered in red ink and initialled by us, we approve the draft Letters Patent. We see no objection to the procedure proposed to be adopted.

We have, &c.

R. B. FINLAY,

EDWARD CARSON.

The Right Honourable Joseph Chamberlain, M.P.,

&c.,

&c.,

&c.

(Draft.)

Letters Patent passed under the Great Seal of the United Kingdom providing for the annexation of certain territories forming part of the Colony of the Transvaal to the Colony of Natal.

EDWARD VII by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India: To all to whom these Presents shall come GREETING

WHEREAS by Our Letters Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster the 23rd day of September, 1902,

* No. 169.

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