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British Guiana.

No. 36.

No. 36.

Cory of a LETTER from the ATTORNEY and SOLICITOR-GENERAL to Mr. Secretary LABOUCHERE.

Lincoln's Inn, December 17, 1857. WE were honoured with your commands, signified in Mr. Merivale's letter of the 11th December instant, in which he stated that he was directed by you to send to us copy of a despatch from the Governor of the Bahamas, and to request that we would favour you with our advice as to the answer to be returned to the Governor's question; namely, whether, where any act is to be done under Colonial enactment (confirmed by the Crown) by the Governor, în either of the three forms specified in the despatch, the personal presence of the Governor in the Council is necessary to the legal performance of the act.

In obedience to the request contained in Mr. Merivale's letter, we have the honour to report→→

That we have considered the despatch from the Governor of the Bahamas. The Royal Instructions treat the presence of the Governor as necessary at every meeting of the Executive Council. They dispense with his presence in cases only of some insuperable impediment.

Whenever the Governor is physically able to attend he is bound to be present. Of the three forms of expression, cited in the despatch as contained in Colonial Acts confirmed by the Crown, we are of opinion that where a Colonial enactment enjoins certain things to be done "by the Governor in Council," the Governor must be present, and the Royal Instructions do not control the Act so as to admit of the things being done in the absence of the Governor, even though such absence be caused by some insuperable impediment. Secondly and thirdly. Where the Colonial Acts enjoin certain things to be done" by the Governor, with the advice of the Executive Council," or simply to be done "with the advice and consent of the Executive Council," the forms of expression do not require the actual presence of the Governor in Councit as a necessary condition, but the enactments, of course, do not control or dispense with the necessity of obeying the Instructions; and in these two latter cases, therefore, whenever the attendance of the Governor is prevented by an insu- perable impediment, the Act may be done by the Council, with the subsequent concurrence of the Governor.

We have, &c. (Signed)

The Right Hon. H. Labouchere, M.P.,

&c.

&c.

&c.

RICHARD BETHELL. HENRY S. KEATING.

COPY of a LETTER from the ATTORNEY and SOLICITOR-GENERAL to Earl GREY.

MY LORD,

Temple, December 12, 1849.

murder in British

WE are honoured with your Lordship's command contained in Mr. Meri- Pardon, conditional, vale's letter of the 21st ultimo, in which he stated that he was directed by your may be granted for Lordship to transmit to us the enclosed papers, with a request that we would Guiana. favour you with our joint opinion on the following question:-

A criminal has been convicted of murder by the Supreme Court of Criminal Justice in Demerara and Essequibo. The Governor wishes to extend to this offender the mercy of the Crown, subject to the condition of imprisonment for life-a punishment which is recognized by the law of British Guiana.

But he has been advised that his power to do so is doubtful. It is derived from his Commission, which authorizes him to grant to any offender "a free and unconditional pardon, or a pardon subject to such conditions as by any law in force in the said Colony may be thereunto annexed."

But it is stated that by the Dutch law in force in British Guiana, prior to the Capitulation, no pardon could be granted by the Governor in cases of murder; and, consequently, that no such law is in force in the Colony, as is contemplated by the Commission. The questions, therefore, on which our advice was requested

were

Ist. Whether we considered that the Governor possesses the power which he wishes to exercise? and,

2nd. If we should be of opinion that he does not, what is the most advisable course, both in order to grant the pardon in the present instance, subject to the requisite condition, and also to obviate the occurrence of the same difficulty?

Mr. Merivale also stated that he was directed to annex copies of the Governor's despatch on this subject, and the opinion given by the Attorney- General of British Guiana; and extracts of so much of the Governor's Commis- sion and Instructions as regard the question.

In obedience to your Lordship's command, we have considered the various documents submitted to us, and have the honour to report that, in our opinion, the Governor does

possess the

which he wishes to exercise. The condi- power tions referred to in the Patent do not depend upon the nature of the crime pardoned, but upon the legality of the conditions themselves.

The Right Hon. Earl Grey,

&c. &c. &c.

We have, &c. (Signed) JOHN JERVIS.

JOHN ROMILLY.

No. 37.

HERBERT.

COPY of a LETTER from the LAW OFFICERS of the Caows to Mr. SIDNEY

SIB,

Doctors' Commons, February 17, 1855,

No. 37.

WE were favoured with Mr. Merivale's letter of the 5th instant, in which Local limits of the he stated that he was directed by Sir George Grey to transmit to us an authority of a

Colonial Legisla Ordinance of the Legislature of British Guiana, " to provide for the management ture, generally, and collection of the Colonial Customs," and to ask us to favour him with our three miles from opinion, whether the Ordinance could properly receive the confirmation of Her the land. Majesty, regard being had to the objection pointed out by Sir Frederic Rogers,

is a report on the Ordinance, of which an extract was annexed.

That in connection with that objection, Mr. Merivale was to direct our

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