Colonial Despatches

I have the honor to acknowledge the receipt of your Despatch of the 20th August transmitting copies of an Ordinance No. 29, entitled "An Ordinance respecting Harbour and tonnage Dues and to regulate the licenses on the vessels engaged in theCoasting Coasting and Inland Navigation Trade."

I thought it desirable to submit for the opinion of the Law Officers of the Crown the question, which it appears from the Report of your Attorney General was raised before the Legislative Council, namely whether the provisions of Section 5 of the Ordinance were not repugnant to the Imperial Act 16 and 17 Victoria C. 107; and I have now to inform you that I am advised that the Colonial Legislature had not power under Section 15 of theImperial Imperial Act 20 and 21 Victoria C. 62 to admit by local Ordinance foreign bottoms to the Colonial Coasting Trade, and that the provisions of Section 5 of this Ordinance are repugnant to the 163 Section of the Imperial Act 16 and 17 Victoria C. 107, and that the object desired by that 5th Section can only be attained in the manner provided by the 328th Clause of the same Act.

It becomes necessary therefore that this Section, though unobjectionable in point of policy, should be repealed, andI I have to instruct you to procure the required amendment to be made by the Legislative Council. Until I hear from you again Her Majesty's decision upon this Ordinance will be suspended.