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26344

PUBLIC RECORD OFFICE

Reference :-

117 mmihumim C.O. 885

Silt,

No. 229.

(LEEWARD ISLANDS.)

LAW OFFICERS TO COLONIAL OFFICE.

[Proposed annexation of Sombrero Island to the Leeward Islands.]

Royal Courts of Justice,

26th July, 1904. We were honoured with your commands signified to us by Mr. Lucas in his letter of the 22nd June stating that he was directed by you to ask the favour of our report upon certain questions arising out of the proposed annexation of the Island of Sombrero to one of the Presidencies which form the Colony of the Leeward Islands.

That Sombrero was an island in the possession of His Majesty which has not hither- to formed a part of any Colony or been subject to the jurisdiction of any Colonial Governor, and which did not possess any Legislative Body. That it was now considered expedient that the island should be annexed to one of the Presidencies mentioned above.

That the Colony of the Leeward Islands was constituted by the Imperial Act 34 and 35 Viet. cap. 107 entitled "An Act for the Federation and general Government of the Leeward Islands."

That section 30 of that Act empowered the General Legislative Council of the Leeward Islands by any law or laws to alter from time to time any of the provisions of the Act; but required that any such law should be reserved for the signification of His Majesty's pleasure.

That in exercise of the powers conferred by that section, the general Legislative Council of the Leeward Islands has passed Acts, numbered respectively 15 of 1882, 1 of 1898, 1 of 1899, 16 of 1902, and 4 of 1903, altering the provisions of the Act 34 and 35 Viet. cap. 107, all of which Acts have received the assent, signified by Order in Council, of His Majesty or of Her late Majesty Queen Victoru.

That by the Imperial Act 58 and 59 Vict. cap. 34 it was provided that where the boundaries of a Colony had, either before or after the passing of that Act been altered by His Majesty the King by Order in Council or Letters Patent the boundaries as so altered should be and be deemed to have been from the date of the alteration the boundaries of the Colony.

That he was to enclose copies of all the Acts referred to in his letter, and to request us to take them into our consideration and to report :-

(a) Whether His Majesty has the power so to alter the boundaries of the Presiden- cies of the Leeward Islands as to include the Island of Sombrero within such Presidency by Order in Council or Letters Patent under the Colonial Boundaries Act, 1895 :

(b) Whether His Majesty has power by Order in Council or Letters Patent under the said Act, to annex the island of Sombrero to the Colony of the Leeward Islands :

(c) If the island of Sombrero be so annexed to the Colony of the Leeward Islands,

how whether it can thereafter be made part of any Presidency, and if so,

(d) Whether His Majesty has power to annex the island of Sombrero to any Presidency of the Leeward Islands in any other manner than by Order in Council or

80, how. Letters Patent under the Colonial Boundaries Act, 1895, and, if

We have taken the matter into our consideration and in obedience to your com- · mands have the honour to

Report-

That, (a) and (b), we are of opinion that His Majesty can by Order in Council or Letters Patent alter the boundaries of the Colony of the Leeward Islands so as to include the Island of Sombrero; (c) The General Legislative Council of the Leeward Islands will, after the inclusion of the Island of Sombrero in the Colony, have power by an act to include it in one of the Presidencies; (d) No.

OTIC

We have, &c.,

R. B. FINLAY. EDWARD CARSON,

The Rt. Hon. Alfred Lyttelton, K.C., M.P.,

&c., &c., &c.

23 Wt 16 804 D & S

6 18891

T

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