CO129-260 - Governor Sir Robinson Acting Governor O-Brien - 1893 [9-12] — Page 189

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19381

Enclosure.

ure 2

6th 1892.

I have the honour to be,

My Lord Marquess, Your Lordship's Most Obedient

Humble Servant,

Wittain Robinigy

Report by the Chief Clerk, Colonial Secretary's Office.

Hon: Colonial Secretary,

When the application was received, I represented

that the applicant should be referrea to a Solicitor as the

papers were both irregular and inoperative:-

(a)Because the Declaration was attested by a Notary

Public without his Notarial Seal, by which alone the

document can be admitted in evidence.

(b) Because the Power of Attorney from Mr. Moncrieff

to Mr. Chapman is inoperative, not being stamped with

a

10% stamp as required by Law; and the latter is there -

fore acting uitra vires.

(c) Because it has been usual for some one to make a

statutory declaration to satisfy the Executive Council

that the provisions of section 3 of the Patent Oral-

nance 1892 have been complied with.

(a) Because the Colonial Secretary being a Member of

the Executive Council, and in that capacity having to

aujunicate on the application, it was most undesirable

that he should be made to appear as the Agent of the

applicant.

In conclusion I think that section 3 of the Ordi-

nance contemplates that the person who senas the Petitionec.,

to the Colonial Secretary should insert the necessary notices.

I