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PUBLIC RECORD OFFICE

Reference :-

C.O.885

16 PUBLIC RECORD OFFICE, LONDON

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

No. 117.

(ORANGE RIVER COLONY.)

LAW OFFICERS to COLONIAL OFFICE.

Pensions of certain officials transferred from the Imperial Service to the Orange River Colony and whose offices had since been abolished.]

MY LORD,

We were honoured with Mr. Sankey, 27 January. Officer Administering the Government, No. 8. 11 January.

Colonial Ofice to Mr. Sankey, 13 March.

Royal Courts of Justice,

26th May, 1909. your Lordship's commands signified to us in Sir Francis Hopwood's letter of the 26th April last, stating that he was directed by your Lord- spondence, noted in the margin, respecting the ship to transmit to us copies of certain corre-

rate at which certain officials transferred to the Orange River Colony from the Imperial Service with pension rights whose offices had since been abolished were entitled to be pensioned. That copies of the Orange River Colony pension laws were also enclosed. That we would observe that the Orange River Colony Govern- ment held that under the terms of their pension law they have a discretion to grant or refuse additional allowance to persons whose offices had been abolished, and that in the case of the particular officers in question they proposed to make the grant of such an allowance conditional on the Imperial Government, under which part of the service of the officers had been performed, paying its proportionate share. That this condition could not be acceded to, as the grant of additional allowances in cases of abolition of office in the Imperial Service which was discretionary to the Lords Commissioners of the Treasury under the Imperial Superannuation Acts had for many years ceased, in pursuance of a resolution of Parliament on the subject. That the question was, therefore, whether, under the terms of the Orange River Colony Pension Ordinance of 1904, and especially Sections 13 and 14, an officer had, or had not, a claim as of right to the award of any additional allowance from Orange River Colony funds for abolition of office. That your Lordship had been advised that he had no such claim, but that the grant or refusal of such an allowance was a matter within the discretion of the Orange River Colony Govern- ment, but that that Government in the exercise of the discretion conferred upon it was not entitled to consider whether or not the Imperial Government would, or would not, contribute towards the additional pension. That your Lordship did not consider that you would be justified in pressing the Orange River Colony Govern- ment to exercise their discretion in favour of the officers in question, in view of the Imperial practice as above stated and of the fact that the equitable claim to an increased allowance was very weak, the officers having been enabled under the generous terms of the Orange River Colony law to claim--after relatively short service pension for their whole service, Imperial and Colonial, as continuous service on larger salaries than they could reasonably have expected to receive in this country.

That the matter had, however, been raised again and that your Lordship desired to have the benefit of our opinion as to the legal points which arose.

That Sir Francis Hopwood was accordingly to request us to take the papers uto our consideration and to report (a) whether under the pension law of the Orange River Colony--as stated in the enclosed Ordinances and particularly under Sections 13 and 14 of the Pension Ordinance of 1904-the grant of additional allowances on abolition of office could be claimed as of right or whether it was within the discretion of the Colonial Government to grant or to refuse any such allowance?

(b) If the Orange River Colony Government had a discretion as to granting additional allowances, whether in the exercise of that discretion they were permitted to take into consideration the fact that the Imperial Government would, or would not, pay a proportionate share of any such additional allowance?

(c) Generally.

(13481-9.) Wt 98-332, 25. 7,09. D 8.

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