2.
In obedience to your Grace's commands we have taken this matter into consideration, and have the honour to
Report
That we have considered both the questions put to us by Sir F. Rogers, and with reference to the first question we are of opinion that when an Aot of the Colonial Legislature passed to carry into effect the objects mentioned in section 3 of the MBy in 28 Viot. o. 14. has been duly approved by Her Majesty in Council the vessel time of war proceed to chase, engage, and capture an enemy and do other acts of war beyond as well as within Colonial waters though no offer of the vessel to the Admiralty has been made or accepted, under section 6 of the Colonial Defence Act.
With reference to the second question put to us we are of opinion that such an armed vessel may in time of war proceed under the Colonial flag to act as above mentioned beyond as well as within the Colonial waters either (1) for the defence of the Colony or (2) for the general purposes of war and defeating Her Majesty's enemies though no offer has been made or accepted under section 6, and though not in direct co-operation with any of Her Majesty's naval forces, as, for instance, in a case where war has been proclaimed, but there are no naval forces of Her Majesty near the Colony with which to co-operate.
We have, &c.
(Signed)
The Right Hon. the Duke of Buckingham and Chandos,
&c. &c.
&o.
JOHN ROLT.
J. B. KARSLAKE. ROBERT PHILLIMORE.
3557.
No. 463.
(CAPE OF GOOD HOPE.)
LAW OFFICERS to COLONIAL OFFICE.
-
Lincoln's Inn, April 12, 1867. MY LORD DUke,
We are honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 1st April instant, stating that he was directed by your Grace to transmit to us, for our joint consideration, a copy of a letter from the Bishop of Grahamstown in which, with reference to the late judgment of the Judicial Committee of the Privy Council, and to the more recent judgment of the Master of the Rolls, he requested information as to the powers of diocesan synods in the Cape to make.rules for the government of the clergy.
Sir Frederic Rogers was also pleased to say that your Grace proposed to answer this communication in the terms of the enclosed Despatch to the Governor of the Cape, but before doing so you would be glad to be informed whether the proposed answer is in our opinion a proper one.
In obedience to your Grace's commands, we have the honour to
Report
That we are of opinion that the proposed Despatch to the Governor of the Cape
is a proper answer to the communication from the Bishop of Grahamstown.
We have, &c. (Signed)
His Grace the Duke of Buckingham and Chandos,
JOHN ROLT.
JOHN B. KARSLAKE. ROBERT
PHILLIMORE.
&o.
&c.
0
16276.-108. 95.--5/86.
I
&c.
PUBL
RECORD OFFICE
Reference :-
། ། །་ miC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
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