Despatch to London.
Minutes (6), Other documents (2).
No. 33, Miscellaneous
25th May 1865
Sir,
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 feeof 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 anddisbursed 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
discoverany any authority for receiving it beyond the general one
contained in Clause XII of my Commission.
I have the honor to be,
Sir
Your most obedient Servant A.E. Kennedy
Governor
Minutes by CO staff
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.
"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."
Draft reply, Cardwell to Kennedy, No. 34, 22 July 1865, last
paragraph crossed out.
Minutes by CO staff
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.
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 the Correspe to leave his discretion
unfettered?