3172.
MY LORD,
No. 808. (BAHAMAS.)
LAW OFFICERS to COLONIAL OFFICE.
We are honoured with your Lordship's commands signified in Mr. Herbert's
Temple, April 3, 1873. letter of the 31st March, stating that he was directed by your Lordship to transmit to us the accompanying copy of a Despatch from the Officer Administering the Govern- ment of the Bahamas, requesting to be advised on certain points connected with a steam tug, the "Anna," registered as British owned, but supposed to be the property of the Atlantic Steam Navigation Company of New York, and he (Mr. Herbert) was to request us to advise your Lordship on the questions raised in the Despatch and enclosures.
In obedience to your Lordship's commands, we have the honour to-
Report
1. We are of opinion that the "Anna" is, under the circumstances stated in this question, rendered liable to forfeiture under the 103rd section of the Merchant Shipping Act, 1854.
2. We are also of opinion that Mr. John S. Darling is liable to be proceeded against under the 4th sub-section of the 103rd section of the said Act for making a false declaration.
3. We are of opinion that proceedings for forfeiture can be instituted before a conviction is obtained for the misdemeanour and irrespective of whether any prosecution for misdemeanour is instituted or not.
4. We are of opinion that the "Anna," assuming her to be liable to forfeiture, can be seized and brought for adjudication before the Vice-Admiralty Court of the Colony, by an officer of the Colonial Revenue Department, and that the words "British officer
of Customs" are not to be construed so as to confine, as far as relates to Revenue officers, the right of seizure to officers of the Imperial Customs.
The Right Hon. the Earl of Kimberley.
We have, &c. (Signed) J. D. COLERIDGE.
G. JESSEL.
16978-880, 95.---5/86.
PUBLIC RECORD OFFICE
Reference :-
TELEC.O. 885
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