CO885-(15-16) — Page 489

PUBLIC RECORD OFFICE

། ་། །

10

enlisting on board American fishing vessels, but it may not enforce that Law by penalties or measures which would hamper the exercise of American Treaty rights. When the Colonial Legislature assumes to go to that length it infringes on the sphere of the Treaty which is under the exclusive jurisdiction of His Majesty in Council.

(4) We think that the Sovereign was not, either in 1832 or subsequently, whether with the approval of the Privy Council, or not, competent to confer on the the Legislature of Newfoundland the same powers as those conferred on Sovereign in Council by the Act 59 Geo. III., c. 38,

(5) Having regard to the preceding answer this question does not arise. (6)-(a) No, unless the Order in Council, either from its express terms or the terms of the Act which it purports to confirm, can be clearly shown to have been an exercise of the powers conferred by Section 1 of the Act of 1819.

(b), No.

(c) Yes, provided it is an Order to which the above answer to 6 (a) applics. (7)-(a) We think that the Imperial Acts referred to do not operate to confer on a Colony a Parliamentary power to deal with its Customs affairs. They merely except the possessions referred to from the application of the Imperial Customs Acts. The answer to this question is accordingly in the negative.

(b) and (c) These questions do not now arise.

Law Officers' Department,

February 28, 1907.

}

We have, &c.,

JOHN L. WALTON. W. S. ROBSON.

R

17656

No. 65.

(GENERAL.)

[Future Management of the Imperial Institute.]

CASE SUBMITTED BY THE BOARD OF TRADE FOR THE OPINION OF THE LAW OFFICERS AND MR. ROWLATT.

Herewith is sent print of the Imperial Institute (Transfer) Act, 1902. The Board of Trade have under the provisions of that Act managed the Imperial Institute for nearly five years, and it is in a financially sound condition.

The total income of the Imperial Institute amounts to about £11,600. Of this sum, £3,426 is derived from the Endowment Fund (see Section 4); contributions from India amount to about £875, and from other sources to about £1,400. Contributions to the amount of about £4,500 are made by the Colonies, and these are supplemented by a Treasury grant of £1,400, and it has begun to be felt that apart from the Commercial Intelligence Branch in which the Board of Trade are peculiarly interested, it is not unreasonable that the fostering and development of matters relating principally to Colonies should be under the more direct control of the Colonial Office.

It would probably be difficult to bring in a bill at the present time for this purpose, but the Board of Trade are desirous of knowing whether they would be justified under Section 7 in making arrangements with and employing the Secretary of State for the Colonies for the purpose of carrying out all or any of their duties under the Act whereupon the contribution from the Colonies and the supplemental grant from the Treasury could be paid to the Secretary of State for the Colonies or as he might direct, while the income of the Endowment Fund as well as the contri butions from the India Office, which would be probably still paid to the Board of Trade would (except such part as is required for the Commercial Intelligence Branch) be paid over by that Department in like manner as and when it becomes payable. The arrangement though conferring practical control on the Secretary of State for the Colonies would still be in the nature of a delegation, but it is understood that the mere fact that it would be a delegation would not in itself make the arrange- ment unacceptable to the Secretary of State, and the fact that the management of the Imperial Institute, except so far as related to the Commercial Intelligence Branch, was under the aegis of another Department of State, would be a more satis- factory guarantee for the efficient management of the Institute Funds than any other form of delegation.

The Law Officers and Mr. Rowlatt are requested to advise whether legal effect can be given to the arrangement above suggested.

Opinion.

We are of opinion that legal effect can be given to the management suggested provided that the Board of Trade retains the responsibility and the power of control. We do not think that the word "employ" authorises the Board of Trade to hand over their duties to another department.

JOHN L. WALTON. W. S. ROBSON. S. A. T. ROWLATT.

9th March, 1907.

Royal Courts of Justice,

25 WEDT 607 D&S 3 28305

Reference :-

C.O.885

16 PUBLIC RECORD OFFICE, LONDON

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

j