No. 48

I have had the honor to receive Your Lordship's Circular
Despatch of the 20th February on the subject of the Penal Code
now in preparation for the Colony of Jamaica, with the intention
that it should be subsequently adapted to the circumstances of
each of the other Crown Colonies respectively, and of such other
Colonies not being Crown Colonies as may desire to avail
themselves of it, and that it should be submitted to their
respective Legislatures for consideration with a view to its
enactment.

2. As British Columbia is now about to be united to the
Dominion of Canada, and by the operation of the 91st section of
the British North American Act 1867 the Criminal Law, including
the procedure in Criminal matters, is among the subjects
reserved to the exclusive authority of the Parliament of Canada,
it appears to me that the expediency of adopting the proposed
Code and providing for the cost of preparation, is not a
question that falls within the province of the local
Legislature.