12121.
No. 669.
(SIERRA LEONE.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
Temple, November 15, 1870. We are honoured with your Lordship's commands, signified in Mr. Holland's letter of the 25th ultimo, stating that he was desired by your Lordship to transmit to us for consideration the copy of a case which had been stated by Mr. Montagu, the acting Queen's Advocate at Sierra Leone, and had been forwarded by the Governor for our opinion.
Mr. Holland was pleased to enclose volumes of the Sierra Leone laws referred to in case, and also the maps printed in 1842 and 1865.
That from the latter map it would be seen that the ceded territory which lies to the north of the Sierra Leone river was not included in the settlement in 1865, and it appeared from the case that no Order in Council or proclamation had been issued annexing the land or declaring it to be subject to the law of England or of the settle-
ment.
That no particulars were known of the case of John Thomas, but the case of Whobay, referred to in the first paragraph of the case, was that upon which we reported on the 20th of last July.
And that he was to request that we would take the case into consideration and inform your Lordship what answers should be returned to the questions submitted by Mr. Montagu.
In obedience to your Lordship's commands we have the honour to
Report
That in reply to the first two questions submitted by Mr. Montagu, we are of opinion that by the joint operation of the treaties and charters the ceded land belongs to the Crown and is part of the settlement of Sierra Leone; but we do not think there has been a sufficient proclamation therein of English law to supersede the local law and subject the inhabitants to the laws of England.
That in reply to the third question, we are of opinion that the 9th section of the 24 & 25 Vict. c. 100. s. 9. gives no jurisdiction except within England or Ireland.
That as to the fourth question, we are of opinion that the 24 & 25 Vict. c. 31. does not apply to crimes committed within Her Majesty's dominions.
We have to suggest that the proper course would seem to be to issue an Order with reference to the territory in question, similar to that of the 26th April 1862 (Ordinance Vol. 3, page 285) made on the occasion of the cession of the Quiah territory.
The Right Hon. the Earl of Kimberley,
&c.
&c.
&c.
We have, &c.
(Signed)
R. P. COLLIER.
J. D. COLERIDGE.
Vols 2 and 3 of Sierra Leone Laws.
0 16978.-157.
25.- 5/86.
PUBLIC RECORD OFFICE
C.O. 885
Reference :-
11 PUBLIC RECORD OFFICE, LONDON
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