CO129-163 - Sir Kennedy - 1873 [4-6] — Page 350

therefore directed the Governor by telegram.

have the

is

Draft

ordinance

amended on

to

the

above points. This has accordingly been done, and the Ordinance in its present shape is

free from the objections indicated. Additional clauses taken mainly from previous Ordinances and some amendments, to which we see no

objection, have

also been introduced into the measure.

One of the new clauses (26) which prohibit the prosecution of any offence under the Ordinance without the consent of the Attorney General, is clearly an improvement.

In its passage through the Legislative Council the Ordinance encountered opposition from Mr. Ball, the Judge of the Summary Jurisdiction Court, on grounds which the Governor considers to be mainly of a technical nature, and on which the Chief Justice & the Attorney General do not concur. At all events, his views were not adopted by

the

Legislative Council.

As the report of the Attorney General fully explains the alterations made in the "Bill" originally submitted to the Secretary of State, it is unnecessary to reproduce them. I have therefore only to report that we see no reason why the Ordinance should not receive Her Majesty's confirmation.

Mr. Hall

T.W.O. 28/6

I presume this will be sanctioned.

and added with

5927

to the New Redwin

346

This Winanser adget all the amendments required & Low Kimberley (Confidential Paper & 41) and the dy extra raised Gold Ball applied bother Hoursinn ofther Staft onhicance which was offered

the Land Officen & Weighn offer.

only

Aulian & Cutertani

are the 19th & 20th which are

de

ay

Soult of on

oney otringent, washench

as they hate the that if forfeiture of a lease is sought on

The Liidence fail particular specified ground.

the ship may

Wo thon ground.

4

still le fufcited of

Evidence then that ther breaches than those specified has been committed. This

not

may

A

han bem ther intention of the Legislation, but the sections are capable often construction - I would sanction the Ordinances but suggest

an amendment of those sections. In sect 19 for the

proper

words "no offence has been committed" I would use the words "the offence charged here must have been committed", and in sect 20 for the word "an

offence" I would insert the word "the offence charged". It is only

fair to the owner that he should know what offence

is to meet, & the amendment would make the Attorney General

more careful band to make the Alleging feneral

he

mahtuting proceedings.

Copy to J.O per information, stating that the A profore, to sanction the intiaver, & add to pupored paper for

1

Parliament W.H., Jayru K July 1/73

1/7/63

pahan

Nr. 3016