9111,
"
MY LORD,
No. 850.
(CEYLON.)
LAW OFFICERS to COLONIAL OFFICE.
Temple, September 1, 1873. WE are honoured with your Lordship's commands signified in Mr. Herbert's letter of the 28th ultimo, stating that he was directed by your Lordship to transmit to us an enclosed copy of a proclamation issued by the Governor of Ceylon, prohibiting the exportation of arms, &c. to certain parts of Sumatra.
That he was also to enclose a copy of the Ceylon Customs Ordinance, 1869, under the 95th clause of which this proclamation purported to be issued.
That it would be perceived that the language of the 95th clause was identical, mutatis mutandis, with the language of the 150th clause of the Customs Consolidation Act, 1853, 16 & 17 Vict. c. 107, and that a doubt had been raised whether looking to the language of the section, the prohibition against exporting arms to a particular place only was a valid exercise of the powers thereby conferred on the local executive, and whether a proclamation under the Act to be valid should not be of universal application.
That he was to request that we would take this question into our consideration and report to your Lordship our opinion whether the proclamation in question is good
in law.
In obedience to your Lordship's commands we have the honour to
Report
That we are of opinion that the proclamation should be not confined to a particular place but of universal application, and consequently that the proclamation is not good in law.
The Right Hon. the Earl Kimberley.
We have, &c.
(Signed)
J. D. COLERIDGE. G. JESSEL.
J. PARKER DEANE.
U 16278.-846. 25,-5/86.
PUBLIC RECORD OFFICE
سا
C.O. 885
Reference :-
11 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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