12309.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 609.
(JAMAICA, BAHAMAS).
LAW OFFICERS to COLONIAL OFFICE.
Temple, November 4, 1869. We are honoured with your Lordship's commands, signified to us in Sir Frederic Rogers' letter of the 20th October last, stating:-
Ist. That on considering the case of the "La Have," which formed the subject of our report of the 6th August last,* your Lordship observed that our attention had never been specifically directed to the question whether the effect of the Jamaica Act, 17 Vict. c. 2. sec. 12, was that which was attributed to it by the local authorities.
2nd. That the Customs Consolidation Act makes various provisions respecting British possessions abroad, some extending to all these possessions, some to particular posses- sions or groups of possessions; e.g., the 159th, 162nd, 167th, and 176th sections extend to America and the Mauritius, the 164th to America and the Channel Islands, the 170th to North America and Honduras, the 173rd to Upper and Lower Canada, the 175th to Newfoundland, the 194th to Malta, and the 329th to India.
44
Of these sections the 159th declares that "gunpowder, ammunition, arms or utensils "of war, except from the United Kingdom or any British possession, and base or counterfeit coin, are hereby absolutely prohibited to be imported or brought either by sea or inland carriage or navigation into the British possessions in America and the "Mauritius.”
3rd. That the 12th section of the Jamaica Act declares that so much of the Customs Consolidation Act as relates to the regulation of British possessions should be and is thereby declared to be in force in that island.
4th. That the local authorities take that section of the Local Act as extending to Jamaica the 159th section of the Imperial Act, which does not apply to the British possessions generally, but to a particular group, viz., the North America Colonies.
5th. That on the one hand the Local Act speaks not of "the British possessions," i.e., all of them, but to "British possessions," ie., "any," or, on an extremely rigid con- struction of the plural used, "any two or more of them," nor is it easy to see that the enactment would have any force at all if it was only intended to adopt provisions which already applied to all British possessions, and therefore inclusively to Jamaica.
6th. That on the other hand it is not easy to imagine that the Jamaica Legislature intended to adopt every provision applied by the Imperial Act to “ any" British possession, e.g., India, Newfoundland, or Malta.
7th. That under these circumstances our opinion was requested whether the 159th section of the Imperial Customs Consolidation Act, 16 & 17 Vict. c. 107., is brought into operation in Jamaica by the 12th section of the Jamaica Act, 17 Vict. c. 2.
In obedience to your Lordship's commands, we have the honour to
Report
That we are of opinion that the first paragraph of the 159th section of 16 and 17 Vict. c. 107. is in operation in Jamaica, and that the 12th section of the Jamaica Act, 17 Vict. c. 2. would operate to put it in force within that island. We desire, however, to point out with reference to the observation of Sir Frederic Rogers that, although the 12th section of the Jamaica Act re-enacts and re-applies by Colonial legislation in Jamaica the whole of the 16 & 17 Vict. c. 107. which relates to British possessions, it does not follow that the meaning of the Jamaica Act is that Jamaica shall be sub- stituted whenever the name of any British possession occurs, whatever the name may be, e.g., Newfoundland or the East Indies. To give it this construction would not be to put 16 & 17 Vict. c. 107. in force in Jamaica, but to put in force a new version of that Act different from the original, and specially altered by the introduction of names not in the Act itself.
The Right Hon. Earl Granville, K.G."
&c.
&c.
&c.
• No. 686.
We have, &c. (Signed)
R. P. COLLIER.
J. D. COLERIDGE.
o 18178,--705.
25.---5/96.
}