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contemplates and provides for the case of such local enactments for Extradition. My view on this point is in accordance with the opinion of the Law Officers of 8th June, 1883.* The opinion of the Law Officers of 23rd November, 1893,† merely says that for such extradition arrangements legislative authority is wanted, a proposition with which I entirely concur. I do not think that that opinion should be read as meaning that the authority of the Imperial Parliament is wanted.

The Hong Kong Ordinance of 2nd September, 1870, is an instance of local legislation for this purpose, and I think that this course should be followed in the present case.

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

&c.,

sc..

&c.

• No. 297 in Vol. III.

I have, &c.,

R. B. FINLAY,

↑ No. 48 in Vol. V.

3886.

SIR,

No. 68.

(LEEWARD ISLANDS.)

ATTORNEY-GENERAL TO COLONIAL OFFICE.

Royal Courts of Justice,

January 30, 1901. I was honoured with your commands signified in Mr. C. P. Lucas's letter of the No. 678, 14th instant, stating that he was directed by you to transmit for my consideration a 29th Octo. despatch with enclosures, dated the 29th October, 1900, from the Governor of the ber, 1900. Leeward Islands, relating to the powers of the Administrator and Commissioners of the several Presidencies of the Colony to grant leave of absence to persons employed in the Public Service of the Colony.

That Mr. Lucas was also to transmit a copy of the Letters Patent, dated the 20th February, 1895, constituting the office of Governor and Commander-in-Chief of the Leeward Islands, and a copy of the Royal Instructions to the Governor and Commander- in-Chief of the Leeward Islands, bearing the same date.

That Mr. Lucas was to request that I would be good enough to take the papers into my consideration and to furnish you with my opinion whether, having regard to the provisions of the Acts 22 George III., cap. 75, and 57 and 58 Victoria cap. 17, which regulated the granting of leave of absence to officers in the Public Service in the Colonies, and to the provisions of the Interpretation Act, 1889, Section 18 (6), and of the Act 34 and 35 Victoria, cap. 107, which provided for the Federation and general Government of the Leeward Islands, it was competent for an officer temporarily administering the Government of the Leeward Islands in the absence of the Governor to grant leave of absence to Officers in the Public Service of the Colony.

I have taken the papers into my consideration and have the honour to

Report,

That, I understand the question put to relate, as explained in the despatch from Antigua, dated 29th October, 1900, to the powers of the Governor and Council of the Leeward Islands on the one hand, and those of the Administrators or Commissioners and Councils in the respective Presidencies on the other, and am of opinion 'that by the Imperial Statute 22 George III., cap. 75, the power to grant leave of absence is vested only in the Governor of the Leeward Islands and his Council.

The Leeward Islands now form one Colony, and he and his Council are the Governor and Council of the Colony. There is nothing in the Statute to justify the exercise of this power by the Administrators or Commissioners of the Presidencies with or without the advice of their Councils.

The Right Hon.

Joseph

Chamberlain, M.P.,

&c.,

&o.

&c.

7876-23-2/1901 Wt 324 D & 8

B

I have, &c.,

R. B. FINLAY.

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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