10716.
#4
64
No. 664. (BAHAMAS)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Temple, October 5, 1870. We are honoured with your Lordship's commands, signified in Sir F Rogers' letter of the 28th ultimo, stating, that with reference to our Report of the 13th of May last,* in the case of the "Lilian," which was condemned in the Bahamas Vice- Admiralty Court for a breach of the Foreign Enlistment Act, and with reference to our Report of the 14th of July in the same case, he was directed to state to us that the forfeiture of the vessel and cargo realised some 4,8001. after paying all expenses of prosecution, &c. That one half of this sum has been distributed amongst the seizors, and that a question has arisen as to the proper destination of the remaining half. That in our Report of the 14th of July we remarked: "The Foreign Enlist- "ment Act has provided that all vessels seized under the provisions of Section VII. may be prosecuted and condemned in like manner and in such courts as ships or "vessels may be prosecuted and condemned for any breach of the laws made for the protection of the revenues of customs and excise, or of the laws of trade and navi- gation, and it was in virtue of the Imperial Statute that we considered the manner "of proceeding in the matter of the condemnation of the 'Lilian' was to be adapted "to the provisions of the local revenue laws." That the Bahamas Customs Law of 17 Vict. o. 3., referred to as section 66 in our Report of the 13th of May, requires (sections 76 and 81) one half of all penalties and forfeitures under it to be paid to the seizora or prosecutors, and the remaining half to be paid "into the public Treasury "in aid of the support of the Government of the Colony." That under these circum- stances Sir F. Rogers was pleased to request that we would state to your Lordship whether the opinion expressed by us as to the manner of proceeding in the matter of the condemnation of the "Lilian extends to the disposal of the forfeiture, and whether the remaining half of that forfeiture is payable into the Colonial Treasury under the provisions of the local Act, or is part of the Crown revenue of the Colony, which is applied by authority of the Crown to local purposes, or whether it is to be paid to the Consolidated Fund, either as part of the casual revenue under the Civil List Act 1 & 2 Vict. c. 2. or otherwise.
46
In obedience to your Lordship's commands, we have the honour to
Report
That the distribution of the forfeiture in this case is, in our opinion, governed by
the provisions of the local Act, and the remaining moiety ought to be paid into the Colonial Treasury for the purposes specified in that Act.
The Right Hon. the Earl of Kimberley, K.P.
&o.
&c.
&o.
• No. 640.
We have, &c. (Signed)
R. P. COLLIER. J. D. COLERIDGE.
TRAVERS TWISS.
0 16978,873.
95,-5/06.
PUBLIC RECORD OFFICE
Reference :-
LLC.O. 885
11 PUBLIC RECORD OFFICE, LONDON
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