1906.
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1
SIR,
No. 9.
(NEW SOUTH WALES.)
TREASURY to COLONIAL OFFICE.
Treasury Chambers, 19th February 1874. THE Lords Commissioners of Her Majesty's Treasury have directed me to acknowledge the receipt of Sir H. Holland's letter of the 7th instant, forwarding a petition from Mr. Merriman, and a despatch from the Governor of New South Wales, and other papers on the subject of the restoration to their owners of the vessels Challenge” and “Melaine," condemned under the provisions of the Kidnapping Act,
1872.
Their Lordships, having deemed it right to consult the Law Officers upon the subject, have directed me to transmit copy of their opinion, and to state, for the information of the Earl of Kimberley, that they consider that Her Majesty should be advised to assent to the restoration of the vessels, the owners to defray any costs which they may have incurred in the proceedings.
With regard to the costs which have been incurred in prosecuting the vessels in the Vice-Admiralty Court (amounting to 5511. 08. 8d. in the whole), an account of which was enclosed in Mr. Holland's letter of 30th December 1873, I am to state that my Lords are prepared, under the power vested in them by the 19th section of the Act, to direct the payment of that sum out of public funds; but they are of opinion that the account should, in the first instance, be submitted to the Registrar of the High Court of Admiralty to report whether the costs are such as are reasonable and should be allowed.
In the event of no objection being made by that officer, it appears to my Lords that, as the Commodore on the station has (as the Secretary of State is aware) advanced a portion of the sum, the most convenient course will be that he should be instructed to pay the remainder, and that a claim for repayment should be made on this Board by the Lords of the Admiralty.
The Under Secretary of State,
Colonial Office.
I am, &c., (Signed) R. R. W. LINGEN.
PUBLIC RECORD OFFICE
Reference :-
(Signed)
HENRY JAMES.
W. V. HARCOURT.
COPY OF LAW OFFICERS' OPINION.
We are most strongly of opinion that both vessels should be released without
payment of costa."
14th February 1874.
▲ 12916.-10. 25.—12,84.
CO.
885
12 PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO