No. 33, Miscellaneous
25th May 1865
I have the honor to submit the following for your information and instruction.
On assuming the Government of this Colony I found it to be the custom for the Governor to issue licences for the marriage of persons who did not desire to adopt the ordinary course of publishing banns. For this licence a feeofManuscript image of ten dollars (or £2.1.8) was paid to the Colonial Secretary.
I was informed by that officer that my Predecessor regarded this as a personal fee and that he kept it as a fund in aid of subscriptions for objects of charity and benevolence for which no public provision was made, and did not therefore bring it to public account.
I have continued to pursue the same course, the Colonial Secretary keeping an accurate account of all receipts and disbursements of the fund.
The total so received anddisbursedManuscript image disbursed from April 1864 to 22nd May 1865 amounts to $620 (or £127.16.8) a sum very insufficient to meet the numerous calls upon the Governor in a Colony where there are no Poor Laws or legal provision for destitute or distressed persons or for any charitable purpose.
If the course hitherto pursued meets your approbation I will continue to disburse and keep a regular account of this small fund. If not I think it ought to be carried to the account of "Crown Revenue", as it is not levied or received under any local Act. Indeed I am unable to discoveranyManuscript image any authority for receiving it beyond the general one contained in Clause XII of my Commission.
I have the honor to be,
Your most obedient Servant
A.E. Kennedy
Minutes by CO staff
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Mr Elliot
The application of this fund is undoubtedly good; but having regard to the policy of the Legislative Assembly, which is that of refusing a reasonable Civil List, and on endeavoring to throw all the charges for the Civil Establishment which they can upon the Crown Revenue I think we ought to be just before we are generous.
I believe, myself, that such fees as these belong to the Crown unless surrendered by enactment to the Assembly. But to guard agt any mistake on this point I wd suggest a reference to the Treasury who will be the proper Authority to decide the doubt.
ABd 8 July
I think we may assume such fees be part of the Crown Revenue.
TFE 17/7
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Clause XII of Govr Kennedy's
"And We do hereby authorize & empower you to exercise, within Our said Island, all powers lawfully exercisable by Us in respect to the presentation to any Ecclesiastical Benefices, the issue of Marriage Licences, the Probate of Wills, or the custody & management of the persons or estates of Idiots & Lunatics."
Other documents included in the file
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Draft reply, Cardwell to Kennedy, No. 34, 22 July 1865, last paragraph crossed out.
Minutes by CO staff
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I should stop here: we may find that we require our Crown Revenue.
[The] Govr does not recommend continuance of the special [one word off microfilm] appropriation, unless the money [shall keep?] going on to be paid to the Governor personally.
TFE 19//7
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Mr Blackwood
I do not wish to prevent Govr Kennedy applying this to charitable purposes, if he thinks it right to do so, in the way heretofore practiced. Will he understand theManuscript image Correspe to leave his discretion unfettered?
Other documents included in the file
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Draft reply, Cardwell to Kennedy, No. 44, 5 September 1865.
Minutes by CO staff
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Mr Cardwell
I have shown this to Mr Blackwood, who quite concurs.
TFE 26/8