CO885-(15-16) — Page 85

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Attached to 3886.

APPENDICES TO No. 68.

(1)

DEAR ATTORNEY-GENERAL,

Colonial Office, Downing Street,

February 8, 1901.

In your report," a copy of which I enclose, as to the power of Governors to grant leave, you do not specifically answer the question whether an Officer Administering the Government in the absence of the Governor can grant leave of absence under s. 3 of 22 Geo. III. c. 75.

Would you let me know whether we shall refer the papers to you again? I fear the matter is too important to leave alone.

Sincerely yours,

H. BERTRAM.COX.

(2)

Leeward Islands,

t

DEAR BERTRAM COX,

February 12, 1901.

I HAD read the question at the end of the despatch of the 14th ult. as referring to the Officers Administering not the General Government of the Leeward Islands, but the Government of some one of the particular Islands or Presidencies which together make up the Colony. This is the only question dealt with in the despatches and other papers which were enclosed in the despatch of 14th ult.

Perhaps I misunderstood the terms of the Reference.

If the question is whether the person administering the General Government of the Leeward Islands in the absence of the Governor can grant leave of absence under s. 3 of 22 Geo. III. c. 75, it is quite clear that he can. The expression "Governor" in that section must mean person for the time being lawfully discharging the duties of Governor, and s. 3 of the Leeward Islands Act, 1871, defines Governor as meaning "Governor or Officer for the time being Administering the Government of the Leeward Islands."

It may be that you would think it more convenient that there should be a Reference dealing specifically with both questions and also possibly with the question to what offices the Act of Geo. III. applies. But this last point seems hardly covered by the despatches from the Leeward Islands,

Yours &c.,

R. B. FINLAY.

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8450-25-3;1901 Wt 324 D:

PUBLIC RECORD OFFICE

Reference :-

UPMC.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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