3 I was of opinion that proceedings in reference to the forfeiture and condemnation of a Ship as provided by the Ordinance are an encroachment on the jurisdiction of the Court of Vice-Admiralty. I believe I am right in stating that had the Imperial Parliament thought proper to legislate upon this, or any kindred subject, the Court of Vice Admiralty would have been the Court on which jurisdiction in respect thereof would have been conferred. I could not therefore understand why a Colonial Legislature, not having the power to assign to its Court of Vice Admiralty a jurisdiction not heretofore possessed by it, should assume itself the power of transferring to the Police Magistrate in the first instance and then to the Supreme Court authority to deal with cases of forfeiture.
(Signed) Henry John Ball.
May 8th 1873.
(Four encl.)
Smist.
Acting Colonial Secretary
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