3498.
PUBLIC RECORD OFFICE
Reference :-
mmmmmim TTTTTC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD DUKE,
No. 502.
(HELIGOLAND.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, April 6, 1868.
We are honoured with your Grace's commands, signified in Mr. Elliot's letter of the 28th of March ultimo, stating that he was directed by your Grace to transmit to us copies of a correspondence relating to the landing at Heligoland of a party of armed men from one of Her Majesty's oruizers for the purpose of assisting the civil authorities of that place in the collection of import dues.
2. That these import duties on wine and spirits are imposed by an Ordinance of 1865. That payment of them is to be made by the several masters of vessels on their arrival in the Colony to the Colonial Treasurer, and a master who fails to pay the duty is liable on the complaint of the Colonial Treasurer in addition to such duty to a fine of not more than 31., and any person who is convicted before the Court of Sessions of wilfully making a false declaration of cargo or of receiving wines or spirits under such declaration is made liable to a fine.
3. That no special provision is made in the Ordinance for the mode of recovering the duties or fines or of proceeding against defaulters, nor is your Grace aware of any general Ordinance which makes such provision; but from official correspondence with the Governor in 1866 it appears that upon nonpayment of taxes the police magistrates issue warrants under the Police Act.
4. That by Ordinance No. 1 of 1864 a police court was established consisting of the stipendiary magistrates, and jurisdiction was given over all crimes and offences against the public or individuals which are not punishable with death or imprisonment for life or transportation. That no punishment can be inflicted greater than a fine of 31. or imprisonment for 48 hours.
5. That by the same Ordinance the Court of Session was established and jurisdiction given to it over all cases, civil and criminal. That fines may be inflicted, but there is no special provision in this Ordinance as to the mode of enforcing any penalties.
6. That there is considerable difficulty in ascertaining what laws prevail in Heligo- land, and the only information which your Grace has upon the subject is as follows:-- In 1842 the magistrates reported to the Governor that the only laws which could be consulted by them in criminal matters were those of the Duchy of Schleswig Holstein, and that the civil cases they decided either by the laws of Schleswig, the Jutland Code, or else by established custom or by local regulations.
That the result of inquiries made in 1858 and reported to the Colonial Office was that the laws of the Island by which the Court professed to be guided were the Landesbehebungen of 1854 and the Code of Jutland, but that in truth the Court decided all cases according to its own notions of right and wrong, and when much puzzled looked into the expiring laws of Schleswig Holstein.
That in 1865 the Governor reported that the existing law is and has been the Schleswig Holstein Code, mixed up, no doubt, to a certain extent with the Code Napoleon.
7. That under these circumstances he was desired to request that we would favour your Grace at our earliest convenience with our advice as to the proper answer to be returned to the question of the Lords Commissioners of the Admiralty.”
In obedience to your Grace's commands we have taken this matter into our con- sideration, and have the honour to
Report
That we are of opinion that the order of the Governor would not in itself free the officer or sailors from a criminal charge of murder, manslaughter, causing bodily harm, or the like.
There may be cases in which sailors, like civilians, might properly aid in the preser- vation of the public peace, using no more force than is necessary to effect that object; but the interference of the sailors in such cases must be justified by the circumstances, and would not be rendered legal merely, by reason of their acting by the Governor's orders.
We are, &c.
(Signed)
His Grace the Duke of Buckingham and Chandos,
&c.
&c.
&c.
0
16978.-689. 25-5/86.
JOHN KARSLAKE. W. B. BRETT.
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