CO129-348 - Governor Sir Lugard - 1908 [7-10] — Page 47

Enclosure 11.

Enclosure 12.

46

explained in the objects and reasons.

The amendment introduced by 265

(a) was at first worded as in the annexed enclosure and

was made the subject of the amendment printed at page 70

of the Hansard report upon which the Council divided, the

amendment being negatived by the votes of Official Members

and of His Excellency the General Officer Commanding.

The publication of the Section

called from the Chief Justice a letter, copy enclosed, in

consequence of which I decided with the advice of the

Executive Council to amend the Section by deleting the

words and shall at all times if requested by the appel-

-lant" and by the substitution of the words "who shall

give effect to the finding of the Court" for the words

"with the opinion of the Court".

The object of the legislation

being to give the Governor-in-Council power to seek the

opinion of the Court on a point of law, it did not appear

to me

or to my Council, to be proper that the Governor-

-in-Council should be compelled to state a case against

his will and judgment and thereafter to be compelled to

give effect to the opinion of the Court thereon.

At the same time I decided to

add