No. 5
               
            
            
            
            
               I have the honor to acknowledge the receipt of your Despatch No. 28
               of the 
31st of August last, enclosing a Bill submitted to you by the
               Legislative Council, and reserved by you for the signification of Her
Majesty's
               Majesty's pleasure entitled "An Ordinance for the regulation of Banks."
               
               I have referred this Bill for the consideration of the Lords
               Commissioners of the Treasury, and I now enclose a copy of the reply
               which I have received from the Board of Treasury.
               
            
            
               You will submit to your Council the Amendments suggested in this
               letter, but as a matter of form it will be better not to submit them in
               the shape of an amending Ordinance, but to allow the
present
 present Bill to
               drop and to pass a fresh Ordinance with the requisite alterations.  This
               mode will be preferable both because it is convenient that the Law
               should be embraced in a single enactment, and because the course pursued
               in respect of the original Ordinance has not been quite correct.
               
               The form of reserving Bills for the signification of Her Majesty's
               Pleasure is a form established by express Law, or by usage in certain
               Colonies possessing Representative Legislature, but it not provided for
in
               in the Order in Council of 
11th June 1863 to which all Legislative
               proceedings should be strictly conformable.
               
               When it is necessary that the operation of any Ordinance should be
               delayed till it has been approved by Her Majesty, the proper course is
               to require that the Ordinance should contain a Clause suspending its
               operation till The Queen's Pleasure thereon should have been signified
               in the Colony by Proclamation.  With this Clause the Governor should
               assent to it and send
it
 it home for confirmation or disallowance.
               
               I have the honor to be
               Sir,
               Your most obedient
               humble servant
               
Edward Cardwell
               
               Other documents included in the file
               
                
                  
                  Copy, 
Peel to 
Rogers, 
13 January 1865, approving of the ordinance for a bank.