PUBLIC RECORD OFFICE
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Reference:-
C.O. 885
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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(5.) Ships, lades, receives, or puts on board, or contracts for the shipping, lading, receiving, or putting on board, of any vessel money, goods, or other articles with the intent that they should be employed or knowing that they will be employed in the commission of any of the offences above enumerated"; he shall for each offence be guilty of felony, and shall be liable to be tried and punished for such felony in any Supreme Court of Justice in any of Her Majesty's Australian Colonies in like manner as is provided by the first section of this Act.
Any British merchant vessel which shall, upon reasonable grounds, be suspected- (1.) Of being employed in the commission of any of the offences above enumerated,
or
(2.) Of having been fitted out for such employment, or
(3.) Of having during the voyage on which such vessel is met been employed in the
commission of any such offence,
may be visited, searched, detained, and brought in for adjudication before any Vice- Admiralty Court in any of Her Majesty's dominions by any officer in Her Majesty's
service.
The Vice-Admiralty Court before which any vessel is so brought for adjudication shall have full power and authority to take cognizance of and try the same, and may condemn the vessel and cargo as forfeited to Her Majesty, or may order it to be re- stored, with or without costs and damages, as to the court shall seem fit.
Every British merchant vessel which shall be searched by virtue of this Act may any Vice-Admiralty Court lawfully be detained, captured, and sent or brought before as aforesaid if in her equipment there shall be found any of the things herein-after mentioned, namely [here set out things mentioned in Article VI. of 25 & 26 Vict. c. 40., or 5 & 6 Vict. c. 40. s. 4, with necessary alterations].
Any one or more of these several circumstances, if proved, shall be considered as prima facie evidence of the actual employment of the vessel in the commission of offences against the before-mentioned Acts or this Act, unless it be established by satisfactory evidence on the part of the master or owners that such vessel was at the time of her detention or capture employed in some legal trade, and that such of the several things above enumerated as were found on board at the time of her detention or had been put on board on the voyage on which when captured such vessel was proceeding were needed for legal purposes in that particular voyage.
When any seizure shall be made or prosecution instituted as or for the violation of any of the provisions of this Act, and judgment ahall be given against the seizor or prosecutor, or such seizure shall be relinquished by him, it shall be lawful for the Lords Commissioners of Her Majesty's Treasury, if to their discretion it shall seem meet, to direct payment to be made of such costs, damages, and expenses as the said seizor or prosecutor may be liable to pay in respect of such seizure or any proportionate part thereof.
6577.
MY LORD,
No. 646.
(NATAL.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, June 17, 1870. We are honoured with your Lordship's commande, signified in Sir Frederic Rogers' letter of the 10th instant, stating that he was directed by your Lordship to transmit to us for consideration a copy of a letter from the Secretary of the Royal College of Surgeons, submitting a protest from a member of the College against his being called upon to pay a yearly tax of 51. for a license to practise in Natal.
And that he was to request that we would favour your Lordship with our opinion whether there was anything in the Imperial Acts, or either of them (viz., 18 Geo. 2. c. 15. and 21 & 22 Vict. c. 90.), which prevented English surgeons, who were members of the College of Surgeons or who had been registered as medical practitioners under the Act of 1858, from being subjected to any tax imposed generally on the practice of the medical profession in any Colony.
He was pleased to annex for reference a copy of the Natal Ordinance, No. 18 of 1868, and to direct our attention to the 2nd and 3rd sections and the Schedule A.
In obedience to your Lordship's commands we have taken these papers into con- sideration, and have the honour to
Report
That we are of opinion that the Imperial Acts referred to do not take away the power of the Legislature of a Colony to impose a tax generally upon the practice of the medical profession in the Colony.
&c.
The Right Hon. Earl Granville, K.G.,
&.c.
&c.
We have, &c.
(Signed)
R. P. COLLIER,
J. D. COLERIDGE.
0 16278,--123. 25.-5/66.