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Appendix to No. 71.

MR. BERTRAM COX to ATTORNEY-GENERAL.

DEAB ATTORNEY-GENERAL,

30th March, 1901.

WITH reference to the Demise of the Crown Bill, I am a little anxious as to whether the term in Clause 1, Sub-section 1, "holding of any office under the Crown" would cover the case of a person holding a dormant commission to administer the government of a Colony in the absence of the Governor.

You will observe that it I enclose a specimen of a commission of the kind. authorizes the holder to administer the government in the case of the death, incapacity, removal, or absence of the Governor and of the Lieutenant-Governor. In some cases there is a further provision that the dormant commission shall not come into effect unless in the absence of the officers above named and of some other person appointed by the Government.

I have some doubt whether the holder of a commission in this form could be said to be the holder of an office. Of course he, so to speak, holds the vested interest of Administrator in certain events; but does he hold an office, seeing that all the authority given by the commission is to assume an office in the absence of the holders of it ?

If you could let me have your view, I should be much obliged. We do not wish to re-issue all our dormant commissions.

I enclose a copy of your report of the 8th of February, and of the Bill, for convenience of reference.

Sincerely yours,

A. BERTRAM COX.

ATTORNEY-GENERAL to MR. BERTRAM COX.

DEAR BERTRAM COX,

2nd April, 1901.

THE Solicitor-General and I both think that the person to whom such a dormant commission is addressed is the holder of an office within the Demise of the Crown Bill.

Yours sincerely,

R. B. FINLAY.

-897-25-4/1901 Wt

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PUBLIC RECORD OFFICE

C.O. 885

Reference :-

15 PUBLIC RECORD OFFICE, LONDON

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